Legal Question in Personal Injury in New York
broken arm
my 4 yr.old was pushed to the ground then jumped on by 5yr. My sos arm was broken from this incident. I asked to have a homeowner claim filed. Their Insurance offered a check for the limit of their coverage or to pay any bills not covered by our ins. Ins. also stated if take check now we could keep any money left. I am asumming we would have to pay all medical bills from this check and not use our medical ins. Ins. person also indicated liablity portion in policy but said that comes into play for older people. It it standard practice to offer lump sum check for medical claim instead of just paying bills directly ?
2 Answers from Attorneys
Re: broken arm
Yes. But you should have some idea about what your bills are before you decide whether to accept the settlement. How much is the policy? Request to see a copy of the declaration page. You should also discuss the case with an attorney to see if you are being treated fairly by the insurance company - remember they want to save money and don't have your interests at heart. Feel free to call me if you want to discuss. We handle these cases all the time.
Re: broken arm
Yes, this is how liability coverage works. However it's rare that an insurance company will offer full value to a claimant who is not represented by an attorney. Without a realistic threat of litigation there is simply no leverage to hold insurance companies fully accountable.
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