Legal Question in Personal Injury in New York

I was in an accident this past summer, that was in no way my fault. she received a ticket, i forget what exactly for and i received none. I was on my motorcycle and an s.u.v. pulled out in front of me. So far my bills are around $70,000, i have no insurance through my job and her insurance is only offering 25,000. if i go after her and win, what happens if she doesnt have that kind of money to pay my bills, thats all i want.....nothing extra, ne get rich quick easy payday or anything, just pay my bills. if she doesnt have that money, can she file bankruptcy and completely screw me?


Asked on 1/31/11, 8:04 am

2 Answers from Attorneys

Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

You need to know if the insurance carrier is offering the entire policy. If the policy is 25K, you are most likly out of luck, since your medical bills are not covered by your no-fault. If the owner of S.U.V. does not have assets and there is no additional policy, and her policy limits on liability are 25/50, then yes, she could file for bankruptcy and not pay your bills.

Regards,

Tanya Gendelman, Esq.

www.WeSettle.com

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Answered on 2/08/11, 2:51 pm

As you probably know, motorcycle policies do not include no-fault, which would ordinarily cover up to 50K worth of medical bills. Without health insurance, you will be responsible for the bills. Assuming the SUV policy carried the minimum required limits of 25K, that is all her insurance company would be required to pay. Your motorcycle policy might contain supplemental/ underinsured motorist coverage. Have a look. If you also own and insure a car, look at that policy too for supplemental/underinsured motorist coverage. If you opt to go to trial instead of settling for the SUV's 25K, you might win a large verdict and enter judgment. Does the SUV owner/driver have assets, like a house? If so, your executed judgment may ultimately net some extra funds. Best of luck. ME Zuller

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Answered on 2/08/11, 4:43 pm


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