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Court awarded suite to plaintiff (injured in auto accident) higher dollar amount than company (respondent) that caused accident

Mahopac, NY |

How can the plaintiff collect the excess money as awarded by court suite which is beyond the respondents maximum insurance policy $ limit.

The attorney representing the plaintiff was consulted and attorney said "why would you go after your own carrier, for what reason". Plaintiff is confused with this answer he doesn't think his attorney wants to try to get the rest of the money from plaintiffs own carrier. How should plaintiff proceed. FYI: auto accident was in New York State.

Attorney Answers 4


  1. Since there has apparently been an adjudication of the suit, I would think that an attorney was probably involved. The attorney representing the plaintiff should be consulted as to how to proceed to collect the excess verdict. There are a number of options, including filing an underinsured motorist claim with the plaintiff's own carrier.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.


  2. There are procedures you have to go through to collect underinsured motorists benefits. Your attorney should be able to explain why he does not want to recover the excess from your carrier.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.


  3. I am not sure what the "Court Suite" is. However, if you were awarded a verdict or judgment against another party that exceeds his policy limits you may be able to collect that amount. The first step is to enter judgment in the County where the trial was held. The attorney has an obligation to represent you and to explain things to you clearly.

    I wish you the best of luck.

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    Legal Disclaimer:

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.


  4. There are two ways you can collect a judgment in excess of the defendant's policy limits. I am surprised that your own attorney has not explained this to you.

    1) If you have uninsured/underinsured coverage on your own policy in excess of the defendant's policy, you can attempt to collect from your own insurance carrier. There are certain conditions you must meet: one of them is to have placed your own insurance carrier on notice as soon as possible that you were sueing somebody who might not have enough insurance to satisfy a judgment.

    2) If the defendant has personal assets, you can attempt to enforce the judgment against those assets.

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