Legal Question in Personal Injury in New York

If a lawsuit goes to trial can the award be higher than the insurance max

Greetings,

I have a trial date set in a few months. My injuries from a car accident ended up in two spinal surgeries. Is it normal if not settled and it goes all the way to trial that the award could be higher than the driver that hit me insurance max of 500K? Or is the max settlement the max of the insurance policy.


Asked on 12/08/06, 3:18 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: If a lawsuit goes to trial can the award be higher than the insurance max

Where an insurance company is defending, settlements are usually withing policy limits. The carrier has no obligation above that, and in fact they do have a duty to make a reasonable, good faith, effort to settle within the policy limits to avoid an excess verdict.

Read more
Answered on 12/09/06, 1:44 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in New York