Legal Question in Personal Injury in New York

Hit by car while crossing street

I was hit while crossing the street at a

stop sign. The police came, I went to

the hospital and suffered injuries. The

car did not stop at the stop sign and

left the scene. The police found the

person the next day. The car was driven

by an illegal alien without a drivers

license. The lady who owned the car

was insured. The insurance company is

willing to settle for the amount the lady

is insured for. Is it best to settle or go

to court. Can I recieve more money if I

go to court?


Asked on 10/25/06, 12:06 pm

5 Answers from Attorneys

Jason A. Richman Jason A. Richman, Esq.

Re: Hit by car while crossing street

Demand in writing a copy of the full declarations page of the owner's policy. Demand an affidavit of no excess or umbrella coverage. Compare owner's limits with the SUM coverage of your own policy of auto insurance. gather a sampling of the medical records documenting your worst injuries. Then make an appointlent with a local attorney to have a free consultation and bring all of the materials. That attorney will then be in a good position to help you figure out if the settlement is fair. All of this must be done very quickly because of the strictly enforced time limits in cecrtain areas of your claim. feel free to reply with and further questions.

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Answered on 10/25/06, 6:00 pm

Re: Hit by car while crossing street

This depends on your injuries, the amount of the coverage, whether there is excess insurance and whether or not the lady has assets. If you wish to discuss, please feel free to contact me.

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Answered on 10/25/06, 12:08 pm
Scott Levinson Korybski & Levinson

Re: Hit by car while crossing street

Without knowing the full extent of your injuries and the coverage available to the owner of the car, that is a difficult question. If the insurance company is offering the full policy at this time, I am assuming you have serious injuries. By going to court you may be able to obtain a judgment for more money, but may have difficulty collecting anything over the policy limits. I would be happy to speak with you further about this and about your options in this matter. Please feel free to call at your convenience.

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Answered on 10/25/06, 1:43 pm
Jason Stern Law Offices of Jason Stern

Re: Hit by car while crossing street

First of all, you have no idea what the policy limits of the insured driver are, so you are not in a position to accept their offer without verifying this information. I have had clients who have been told by insurance carriers that $5,000 is the policy limit, when in fact, the policy limits are $100,000. I will accept your case on a contingency basis where I only receive a percentage of any amounts OVER what you have already been offered. Whatever you do, don't take the insurance company's word for their policy limits. Contact me so we can maximize the amount of money you should receive. 2122952287 or email.

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Answered on 10/25/06, 1:52 pm
PETER W. YOARS JR. Knox McLaughlin Gornall & Sennett, PC

Re: Hit by car while crossing street

It is impossible to answer your question without knowing more information. Examples of the type of information I would need to provide an intelligent response to your question would be: what is the extent of your injuries and damages; what is the policy limit of the woman that owned the vehicle; and, does you or anyone else in your home own a vehicle that has insurance?

Please do not hesitate to contact me to discuss your matter further.

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Answered on 10/25/06, 2:08 pm


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