New york personal injury lawyers advice need on ny state no fault and un/um insurance rules ..think adjuster advice is wrong

Asked over 3 years ago - Buffalo, NY

Was hurt by drunk driver in ok ware i was visting ..the drunk had basic Ok low amount no med pay policy which his adjuster handed my lawyer his policy limit ...my self was hurt had over $55 grand in medical bills all payed thru my ny no fault policy ...Question i needed answerd my Um/un adjuster down in oklahoma told my lawyer he had to follow Ny U/m.U/n rules since this is ware my auto insurance was from....the Um/um adjuster from my Own insurance company said they will be including in any um/un settlement offer my medical bills of $55 grand ...told my lawyer here in ok thats allowed becuse its done that way up in ny all the time......Was told carrier cannot claim an offset or assert a lien the intial $50.000 of no fault pip benefits are free and clear of any obligations..is this true

Attorney answers (3)

  1. Jeffrey Mark Adams

    Contributor Level 20

    2

    Lawyers agree

    Answered . Hi - I seem to recall you posted this question. Your attorney should address these issues. Improper and probably unethical for an attorney to give advise to another attorney's client. Sorry

  2. Nussin Shmuel Fogel

    Contributor Level 8

    1

    Lawyer agrees

    Answered . The carrier can only try to recoup the $5,000 of additional PIP payments. I agree that the initial $50,000 of no-fault payments is free and clear. If you are contemplating making a SUM claim, you must put your carrier on notice as soon as is reasonably possible; settle for the full amount of the other car's policy and first get permission from your carrier before settling the case with the other car's insurance company. If you don't, you are in breach of your own policy and your carrier will deny your claim. Also, be aware that your carrier will use the settlement with the other car as a setoff in your SUM claim. Most, important, make sure you an experienced and competent personal injury attorney.

  3. Robert Daniel Kelly

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You should speak with your attorney regarding the particular details of your circumstances.

    [In accordance with the community guidelines of Avvo, the foregoing writing is not "legal advice", nor does it form an attorney-client relationship.]

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