Legal Question in Personal Injury in New York

Lawsuit being filed over the limits?

There is an insurance company,that for the past 17 months is denying ANY liability.The company that they are representing is worth over 30 million dollars.I have a picture of another of their vehicles being parked illegally,which is part of the reason the accident happened in the first place.Is it possible to file lawsuit over the limits? At what point can a ''bad faith'' claim be filed?If it goes to court,can a jury award more than the limits?


Asked on 12/14/06, 6:31 pm

1 Answer from Attorneys
Scott Levinson Korybski & Levinson

Re: Lawsuit being filed over the limits?

You can pursue the full amount of your damages, regardless of what the policy limits of the insurance policy may be. The question is whether you would be able to collect on any recovery over the limits should you get a judgment for that amount. At trial, a jury is not told what those policy limits are, so they could award damages above those limits. If that is the case, you could pursue collection against the personal assets of the defendant. Please feel free to contact me with any further questions you may have.

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Answered on 12/14/06, 7:23 pm


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