Auto Insurance Claims: Auto Insurance, NY No Fault, personal injury attorney, underinsured motorist coverage
QuestionMy husband was a pedestrian, crossing a main street, traffic was clear for him to cross. He was in the middle of the street when a car made a left turn onto this main street hitting my husband. Apparently the car, did stop for the stop sign, saw a break in traffic and excellerated. My husband fell onto the hood of the car. He has suffered multiple broken bones and internal injuries and has been on a ventilator for almost five weeks. The prognosis at this time is uncertain. A witness to the accident said the driver had his hand up to his ear and he was sure that driver was on a cell phone. We have a statement from this witness. The police did not investigate this aspect but did ticket the driver for failing to yield to a pedestrian.
The insurance company has offered us the limits of the policy and did this quite quickly. 50K is a small amount for what my husband is going through. The driver lives in a poor section of town and I am not sure he has any monetary worth. Besides accepting the limits of the policy, what could be some options to get a fair judgment for my husband? Could we sue beyond the policy limits? This is all so overwhelming.
AnswerHi Robin,
You should really be speaking with an attorney but I will try to provide some information.
You can sue the at-fault driver for more than the policy limit. However, if he has no money or assets you will not get any more than the policy limit of policy. There may be additional coverage available to you through your own auto policy through your Uninsured/Underinsured Motorist coverage. Your husband may also be eligible to collect on his Personal Injury Protection (PIP) coverage. After that you would look to your private medical insurance.
I would suggest you seek the advice of a good personal injury attorney. They are experts at knowing how to find any available coverage.
I wish you and your husband well.
I hope this helps
Richard Hixenbaugh
