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If a person was crossing the street, was hit by a car, broke a leg, had to get a rod and pin implanted, was in agony, had to go to 4 weeks in rehab facility, gets a lawyer, sues the guy who hit him, etc. etc.
The driver has insurance obviously. Whether or not he has an umbrella policy has yet to be found. Here's the question. Person who was hit was told that there is a cap on personal injury in the amount of $100,000. If the guy has an umbrella policy, naturally that changes everything. And of course if the guy has any assets that remains to be seen.
So is it true that even if one sues for let's say $20 million dollars and before it goes to trial, what is the MOST amount the person who was hit can expect to get. Is it true that there is a cap in NYC of $100,000 unless the driver has an umbrella policy.
I was always of the opinion that when one sues for let's say $5 million dollars and no one settles, then they go to trial and the judge (or jury) awards them $1 million dollars that they actually get the $1 million dollars (the lawyer gets his cut out of that money).
Am I incorrect? What is the most a person who was hit, had surgery, had intense pain and suffering, still can't walk right......what can they expect to receive?
I think the issue here is that the hitter's car insurance has a liability limit of $100K. That's all he paid for, so that's all the insurance company is on the hook for. The victim could sue for more. But that would have to be collected from the hitter directly. If he has no real assets (think average working class NYer who rents an apartment and has no real savings), that would be difficult to impossible. So the lawyer, who's likely working on contingency, will likely just go for the easy money from the insurance.
To the best of my knowledge, NY doesn't have a cap on personal injury awards. That said, judges here often reduce (sometimes dramatically) jury's awards they consider excessive. Also, if you are working under the no-fault auto system, that is a whole different thing and is definitely capped, at $50k a person I believe. Honestly, there are a lot of nuances, nooks, and crannies in here and you should really speak to a lawyer. Or two.
They have a lawyer, this is a no fault case. So no fault has a cap, this they know. But the hospital and nursing home, hit that cap obviously. But what about pain and suffering. What if the guy who drove the car rents an apartment, doesn't own anything but the car. The person who got hit thinks they will get 2 million dollars. I said "Are you nuts?"
That's why I'm asking. Their lawyer said "we are not suing for a specific amount, we are suing (something about what is the least a jury will find acceptable) or some wording. That's what they were told. They haven't gone to a hearing before a judge yet, and then they will have a deposition.
Thanks
Last edited by ElizabethMurray; 03-15-2017 at 03:47 PM..
I'm not a lawyer, I would encourage you to consult with another lawyer if what the current one is saying doesn't seem right. Or just to double check, it wouldn't be a bad idea. That said... One of the points of no fault was to restrict pain and suffering type things and get quick payment. That doesn't mean you can't necessarily sue as an injured pedestrian outside that system on a bodily injury claim for that exact sort of thing. You have to qualify as a "serious injury" though to do that I believe, and based on your description of the injury I don't know if it meets the standards. That said, I wouldn't be surprised if there are about eighteen other ways to sidestep it that a good lawyer would know. Maybe. Or not. Dunno. But yeah. Lawyers. Get another opinion, make sure.
Here's some info on what qualifies:
Quote:
Insurance Law § 5104(a), (b). Serious injury is defined as personal injury
which results in one of the following :
• Death
• Dismemberment
• Significant disfigurement
• Fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function or system
• Permanent consequential limitation of a body organ or member
• Significant limitation of use of a body function or system
• Medically determined injury or impairment of a non-permanent nature which
prevents the injured person from performing substantially all of the material acts
which constitute such person’s usual and customary daily activities for not less
than 90 days during the 180 days immediately following the occurrence of the
injury or impairment.
One cannot presume to understand the workings of "Insurance" <head bowed here.>
You give them money your whole life and if you are injured, they might pay back a small amount...at their pleasure.
That is why the U.S. health care system is the worst possible. It is run by insurance companies.
They are suing the driver. They asked their lawyer and he wrote the following:
"Our action is against the driver, not his insurance carrier, His insurance carrier provides defense and indemnification (payment of claims) on his behalf. It is our responsibility to confirm insurance coverage as well as the viability of going after the driver's assets. If you have any questions, please do not hesitate to contact me"
I obviously eliminated the driver's name and the insurance carrier's name, as well as the attorney's name.
And as for the victim. She's walking, she goes about her business. She's 69 years old, goes up and down stairs because she lives on the second floor, and uses a cane. So no death, amputations, loss of limbs, etc. She does have a metal rod and pin in her hip and at her age, obvious arthritis, etc.
Thanks. She just wanted to know how much she could expect to receive because the lawyer will get 1/3.
There's two different things here - there's how much money the driver's insurance co. is liable for and will pay (you know what that is already) and how much you can get from the driver himself. In most cases, the amount you can get from the driver will be low since their assets are crap. You can get an award of 2 mill but if the driver is bankrupt or has assets of $10k, then you ain't getting 2 mil.
Its not like suing some bottomless pit - like suing a city funded by taxpayers where the city jumps in to settle all the time....
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