[canarsie6238]

Hello
I was involved in a hit and run accident. The guy that hit me was caught. Which left me with a dislocated shoulder and an acl reconstruction on the right knee. I went in for surgery. Now today my lawyer calls me and tells me I can only get 25k from this. It’s been almost a year since I have worked. She explained to me that New York state car insurance minimum is 25k which the guy that hit me had. I just want to make sure if this is true? And what I can do. Because I hear stories of people getting more with less damage then I have. Please advice

[AK lawyer]

... She explained to me that New York state car insurance minimum is 25k which the guy that hit me had. ...

Evidently you are not understanding what your lawyer has told you.

The person who hit you had $25K in coverage. Sure, you can sue him for more than that, but the insurance company won't pay anything more. So, if you get a judgment for, say, $100K, you will have to garnish his wages, levy on his property, or something like that to get the additional $75K. That's what I believe your lawyer was trying to tell you.

[Fr_Chuck]

Yes, the min liability in many places is just 25,000. That is the less a person can have and be legal in the state. It seldoms pays enough for a major accident.

You can refuse to accept this, and continue to sue them, but most likely your attorney will end up getting more and more and they get theirs first. You may win 100,000, but all you will get is 25,000 since that is what the insurance will pay.

This happens all the time. You may get a garnishment and get a small check each month for the life time of the person who hit you, Unless they have a lot of money in the bank or something.

[ScottGem]

You can only get $25K from his insurance carrier. You hear about people getting mega awards, but the reality is most often they don't collect. You can win an award but likely the person has no assets to collect from.

[JudyKayTee]

I'm an accident investigator in NY - yes, what your Attorney told you is absolutely correct. You can collect $25,000 from the other person's carrier. Juries in NY are very reluctant to make awards above and beyond insurance coverage, and that includes in death cases. The other driver carried what is known as 25/50 limits.

Now, if YOUR policy had underinsured coverage the limit of YOUR policy would have kicked in. For example, if the "value" of your injuries is $100,000, you carried that amount of insurance, you carried underinsured, YOUR policy would pay you $100,000. You would not settle for the amount of HIS insurance.

I would guess you did not carry this insurance (the cost of which is literally pennies) and you are limited by the policy of the other driver?

[canarsie6238]

Thank you for all your help. Every answer has helped me understand my situation better. Thanks again everyone

[JudyKayTee]

I'm actually in NY, know this subject well. Any other questions?