QUESTION

How much would I receive in a settlement if the person who hit me in the car accident has the minimum coverage?

Asked on Jun 11th, 2021 on Civil Litigation - New York
More details to this question:
I'm currently with a law firm and they told me that the person who hit me in my car accident has the minimum amount of liability coverage which is $25000. So no matter what, that's all I'll receive. I find this odd because I've had shoulder surgery because of this and been in physical therapy since March. Is this amount correct or should I try to change lawyers?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
It is not a question of how much you've been damaged, but of how much the other party can pay. A settlement is a voluntary agreement to resolve a dispute.  You can't get more in a settlement than the other side is willing to pay voluntarily, and it would be very unusual for anyone to offer more than the insurance policy, unless they are partiuclalry wealthy.  Certainly the insurance company will not contribute more than the policy limits.  Whether you can collect more if you litigate the matter all the way through trial depends first on whether you win, and second on whether the person who hit you has assets beyond the insurance policy.  If, as often happens, that person has nothing else or only minimum assets, all you can collect is the limit of the insurance policy, because the person who hit you has nothing ele to pay, regardless of how much the jury awards you  Sometimes, even if the person has some assets beyond the policy, it is not worth turning down a settlement and going through the time and hassle of a trial, risking losing, just for the possibility of being able to collect a little more.
Answered on Jun 11th, 2021 at 11:51 AM

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