Legal Question in Insurance Law in New Mexico

Wreck injury and secondary injury.

My father was injured in a car wreck, and were suing to combine policies under direction of our insurance company and attourney. However the insurance company has delayed over a year. My father was planning to retire to save himself from further injury 2x rotator cuff and hip injury.

With this delay he has gotten reinjured. Finally after the secondary injury they want to settle.

Is there a way to get over the insurances max of the policy for the secondary injury to help pay for the new injury caused by thier delay? Either via secondary suit or other legal means without them being able to delay that payment for over a year.


Asked on 11/10/06, 4:53 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: Wreck injury and secondary injury.

There might be. Was a settlement demand made on the defendant for an amount equal to or less than his policy limits? If so, have your lawyer research whether the limits would be "opened" under New Mexico law. By going to trial and obtaining a judgment in excess of the policy limits, and taking an assignment of the insured defendant's claims (for failure to settle within limits when it had a chance to do so) against his insurer, you might be able to obtain more than the policy limits. Your attorney should know exactly what I am talking about.

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Answered on 11/10/06, 8:23 pm


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