Regarding a MVA settlement

Yes. You can file suit against the owner and operator of the vehicle responsible for causing a collision, even if the insurance is only $25,000. However, the insurance company may be willing to settle the claim without a lawsuit if the damages exceed the available coverage. Also, please take a look at your own auto policy to see if you had underinsurance coverage. This type of coverage applies in precisely this type of situation where the offending vehicle had inadequate coverage. If you had the coverage but it was only for $25,000, you will be unable to collect additional money from your own insurance company. But if your bodily injury coverage is greater than $25,000 AND your underinsurance coverage is greater than $25,000, then you may be able to collect up to the amount of underinsurance limits minus $25,000 (the amount of coverage of the offending vehicle). Also, you can only recover under the underinsurance provision of your own policy if you first get the offending vehicle's insurance company to offer its full $25,000, and you must obtain your own carrier's consent to settle with the offending vehicle's carrier. Good luck and please feel free to contact me if you have any questions. Barry Salzman - 212 385-8000.