Legal Question in Personal Injury in New York

coverage

I was in a bad motorcycle accident. A 19 yr. old girl pulled out in

front of us and got a ticket for failure to yeild the right of way.

Am I only entitled to get what her coverage was? say $25,000?

Or can I get more?


Asked on 9/04/01, 4:14 pm

3 Answers from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: coverage

Generally, all you will get are the policy limits. There are exceptions to this rule, and to find out if your case is one of them, you should sit down with an attorney. The attorney will be able to clarify all of the facts.

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Answered on 10/25/01, 9:18 am
R. Freeth Silverman Sclar Shin & Byrne

Re: coverage

Damages are possible over the policy. If, as you say, the accident was "bad" then there may be recovery over the limit. This would entail taking the case all the way to trial, and getting a jury verdict. Commonly, cases settle before trial, but this does not mean that yours must. Bear in mind, the policy limit is the insurance company limit, and it is very rare to get more than that from the insurer (exceptions exist). Therefore, any recovery over the policy would either come from the other driver personally, or if she had what is called collateral source insurance. That would be other applicable insurance. Speak with an attorney, and remember that there are time limits to bringing an action. If you have questions, 212-233-8080 (x225). - Rich Freeth

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Answered on 10/25/01, 9:42 am
Robert R. Groezinger GroezingerLaw P.C.

Re: coverage

I received your post on 10-24-2001

Generally the policy limits are it.

RRG

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Answered on 10/24/01, 9:07 pm


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