Legal Question in Personal Injury in New York

A drunken pedestal walked into the middle of the street and my brother hit him with his car. The Geico insurance attorney said that there wouldn't be a case because of the key witnesses and state of the man who walked into the street. Some months later he was told (by a new Geico attorney) he is being taken to court and sued. How can he find out how much he is being sued for and the potential outcome is if he loses the case? (i.e is he responsible for the amount over his insurance coverage?). It seems this "new" attorney knows nothing about the case and he is beginning to worry he could lose all his savings...what are his options?

Asked on 10/02/12, 6:27 pm

1 Answer from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

I would have your brother hire a bad faith attorney to write a letter to the GEICO attorney asking for the status of the case. Based upon the independent attorney's assessment of the case he may ask GEICO to settle the case within the policy limits. Perhaps this will motivate GEICO will to settle the case within policy limits instead of exposing your brother unnecessarily. Good Luck.

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Answered on 10/02/12, 6:32 pm

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