My son was seriously injured in a bicycle accident, but I was disappointed with the recovery he received because my lawyer told me there was a problem with insurance coverage. He said there was no excess insurance. What can I do to help my son?
All cars must have minimum liability coverage for all accidents. In New York, that limit is $25,000. Excess insurance means additional insurance coverage for motor vehicle accidents above the policy covering the vehicle. If the owner/operator of a car purchased an “umbrella” policy, then the “umbrella” policy would afford additional coverage for a motor vehicle accident. If the owner of a vehicle is different than the operator, then the operator may have his or her own insurance coverage in addition to the policy covering the vehicle. For accidents involving trucks, sometimes trailers have their own policies different than the tractor which could provide additional coverage for your accident.
If your son’s case is settled, then there is nothing anybody will do to change the outcome. What you may not realize is that a judge must approve a settlement of a minor. The judge looks to see if the minor is receiving an appropriate award. CPLR section 1208. Thus not only your attorney but a judge also approved the settlement. So there is not likely anything more your son could recover.
Your attorney looks for all of the available insurance covering an accident to maximize your son’s recovery. Many defendants simply do not have assets worth attaching to collect a judgment. Even a large judgment may not bring justice for your son. Bankruptcy laws may allow the defendant to discharge that debt through bankruptcy. Your son may be in better position if he had settled his case for the available insurance coverage. But your attorney must look for all available insurance coverage.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.