Legal Question in Personal Injury in New Jersey

what is the meaning & use for a longworth letter

I was in a very bad car accident last year, someone not paying attention ran right into the rear of my car while I was stoped with my brake & directional left turn lights on.

this person already pleaded gulity in a court of law for unsafe driving.

I now have 3-herniated neck discs, one so bad it compress's my spinal cord and causes very servere neck & right shoulder pain.

what i would like to know is what is the meaning of a LONGWORTH LETTER, and what is it used for. Thanks in advanced

Asked on 1/18/05, 1:16 pm

2 Answers from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: what is the meaning & use for a longworth letter

Obviously you have an attorney already since this is something that the average person would not know. I would suggest that you talk to your attorney to get him/her to explain this.

However, in short, this is a notice to the Underinsurance (UIM) carrier that the insurance policy of the person who injured you has been offered by their insurance and that you wish to go forward with a claim for the UIM benefits. You need permission from your carrier in order to preserve your UIM rights before you accept the money from the defendant. (There is another scenario which is too complex to describe, but you would still get the money the defendant's carrier is offering).

If you do not have ana attorney at this point, I do suggest that you retain one.

Please feel free to contact me if yu have any further questions. However, the person who SHOULD be best suited to answer your questions SHOULD be the person who represents you.

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Answered on 1/18/05, 2:05 pm


Re: what is the meaning & use for a longworth letter

you should ask your present attny what that letter is. Basically it is used to put the defendant on notice that your claim exceeds the policy limits of the defendant and if they dont pay asap, you will hold the insurance co. liable for any verdict in excess of the policy.

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Answered on 1/18/05, 2:32 pm

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