Skip to main content

If struck by a truck in auto accident the injured person is awarded settlement in court above the trucking companies

New Paltz, NY |

maximum insurance policy limits, how can the balance of the money be collected by the injured person

Attorney Answers 6


  1. If it was a commercial truck, you were represented by counsel. You should consult your attorney.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. 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. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  2. If it was a commercial truck, you were represented by counsel. You should consult your attorney.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. 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. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  3. You should address that question to your attorney. It depends if there are any assets to go after in the case.

    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.


  4. I am not sure the question is posed correctly. If an amount of money was award then it was likely after a trial and verdict, or an Inquest. If it was a settlement, the carrier would not likely settle for an amount exceeding the policy limits. What I assuming you meant was that the Court (or Jury) awarded you a verdict exceeding the trucking companies policy limits. If this is the case, and it has not been appealed or settled for a lower dollar amount, then you may be able to Enter Judgment in the County Clerk where the trial was held. If you went to trial and received a verdict of this sort it is more than likely you had an attorney representing you. You should contact him and ask him about the status of the settlement.

    I wish you the best of luck.

    If you found this helpful I would appreciate your clicking the "thumbs up" below.

    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.


  5. Your attorney is the person that collected the settlement. That is the person you should be talking to.


  6. No one is awarded a settlement in court. People obtain a jury award or damages awarded by the judge if it is a bench trial. Attorneys know how to collect an "excess judgment" over and above the tortfeasor's policy limits. I do not suggest that you attempt to try your own case, but rather obtain an attorney to represent you.

    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.

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics