A Brooklyn jury awarded Mr. Vargas $17.5 million for the City of New York’s violation of his civil rights for failing to provide him medical care while in custody. The jury found that the police officers involved failed to provide the necessary medical treatment and awarded $17.5 million to Mr. Vargas.
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Handling Car Accident Claims Beyond Insurance Coverage Limits
When the dust settles after a car accident and you realize the other driver’s insurance won’t cut it, you might feel stuck. But you may have more options than you think for recovering the full extent of your accident-related losses. The New York car accident attorneys at Harris, Keenan & Goldfarb have extensive experience with cases involving car accident claims exceeding insurance limits. We know the ins and outs of the legal system and can uncover additional opportunities to maximize your compensation.
Why Do Auto Insurance Policies Have Limits?
Insurance policies have limits to manage risk and keep premiums affordable for everyone. Think of it like this: an insurance company pools money from all its customers. They use the money from this pool to pay claims when accidents happen. If they did not place limits on their policies, the company might have to pay out huge amounts for some claims, draining the pool quickly. To prevent this, they set a maximum amount they’ll pay for any single accident. This way, the company can ensure there’s enough money to go around for all customers when they need help.
Minimum Auto Insurance Requirements in New York
All auto insurance policies in New York must include certain minimum coverage amounts. According to the New York Department of Financial Services, those minimum coverage amounts are:
- No-Fault Coverage – All New York car insurance policies must include $50,000 in no-fault Personal Injury Protection (PIP) benefits. PIP benefits cover your basic needs after a crash without having to prove another driver caused you injuries and is your first option for recovering compensation. This coverage pays for your medical bills after a crash and 80 percent of your missed wages, up to a maximum of $2,000 per month.
- Liability Coverage – Liability coverage pays for any injuries and property damage you cause in your car or another car you drive with the owner’s permission. The New York DMV says the minimum liability coverage amounts are $10,000 in property damage coverage, $50,000 in injury coverage for one injury or death in a crash, and $100,000 in injury coverage for multiple injuries or deaths in a single collision. So, anyone with a valid New York auto insurance policy has at least this much in coverage to pay for your injuries after a crash.
- Uninsured motorist coverage – Uninsured motorist coverage pays for your injuries and other losses in a crash with an uninsured driver. Your uninsured motorist coverage must meet the same minimum amounts for liability coverage as your liability coverage. Unlike some states, New York does not allow you to forego uninsured motorist coverage.
Uninsured Motorist Coverage vs. Underinsured Motorist Coverage (UIM)
Underinsured motorist coverage (UIM) helps cover your injuries from an accident if the driver’s insurance policy does not meet state requirements or is not enough to cover your injuries. While New York law requires all auto insurance policies issued in the state to include uninsured motorist coverage, the same rule does not apply to underinsured motorist coverage. However, most auto insurers offer UIM coverage along with uninsured motorist coverage, so it’s a good idea to include it with your policy if you can afford it.
Suing for Damages Beyond Insurance Limits
There are several ways to seek additional compensation after an accident if your no-fault coverage and the at-fault driver’s policy won’t cover all your losses. Those options include:
- Umbrella insurance policies for car accidents – Some auto insurance policies include supplemental coverage in case the losses from a car accident exceed the limits of the standard policy. In the insurance industry, these supplemental policies are called “umbrella policies.” So, if the other driver has an umbrella insurance policy, you can file an additional claim against them under this policy.
- Suing the at-fault driver directly – Even if the at-fault driver’s insurance policy pays for your losses up to the limit of their policy, you can sue the other driver directly for additional compensation. However, your chances of recovering additional compensation depend on the driver’s available assets, so there’s no guarantee that you can recover anything else.
- Underinsured motorist coverage – If your auto insurance policy includes underinsured motorist coverage, you can file a claim with your insurer and seek compensation that way. Your insurance company will provide additional compensation up to your policy’s limits.
How to Successfully Dispute Fault in a Car Accident
Contact Our New York Car Accident Lawyers Today
If you’re facing the challenge of a car accident claim exceeding your insurance limits and struggling to pay all your bills, the New York car accident attorneys at Harris, Keenan & Goldfarb want to help. Our team can evaluate your potential options, take care of filing a claim against the other driver or with your insurance company, and handle all the legal details of your case while you rest and heal. Call us today at 800-PAIN-LAW or complete our contact form for a free consultation.
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Frequently Asked Questions
Common questions that prospective clients have about personal injury claims include:
Do I need an attorney?
When you have suffered an injury, it can be difficult to know what to do next. If the injury was caused by someone else’s negligence, you may be entitled to compensation. However, filing a personal injury claim can be a complex and time-consuming process. An experienced attorney can help you navigate the legal system and fight for the maximum possible compensation.
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