Legal Question in Personal Injury in New York
Can personal injury limits be grandfathered?
If you were struck by a Taxi prior to the date that cab companies were required to carry a higher policy amount, and the case has not been settled, are you locked in to the prior policy limits? (e.g. prior limit was $25K now its $100K)
2 Answers from Attorneys
Re: Can personal injury limits be grandfathered?
Whatever the date of the occurrence is, that is the date that the limits apply.
Good Luck
RRG
Re: Can personal injury limits be grandfathered?
Unfortunately you are locked into the lower policy limits but you must conslult with an attorney since there may be other additional sources of recovery, including other potential defendants and other potential insurance policies that may provide coverage. In addition, you cannot accept the oral representations of the taxi company or their insurance company regarding policy limits. Get proof.
Michael V. Kapen, Esq.
De Caro & Kaplen, LLP
20 Vesey Street
New York, NY 10007
212 732 2262
http://www.decarokaplen.com