The other driver is nowhere to be found to sign affidavit of no excess. Any legal method to move case forward without this?

Asked over 1 year ago - Westbury, NY

My attorney does not appear to be pushing the issue. The other insurance company seems to be dragging this on and on. The other driver I believe moved back to his native Country. They have already agreed to give me the full policy.

Attorney answers (9)

  1. Michael J Palumbo

    Pro

    Contributor Level 19

    11

    Lawyers agree

    Answered . You can change counsel if you are unhappy with yours.

  2. Anthony A. Ferrante

    Contributor Level 15

    8

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . There is no procedural bar which would prevent you from moving your case into litigation based upon a lack of an affidavit re: excess or additional coverage. The most probable reason that your attorney appears to be dragging his/her feet is because s/he is loathe to spend money and time where the great likelihood is that no additional coverage exists.

    An affidavit of no additional coverage is a tool that attorneys use in different ways. In a situation where the underlying policy is $300k or more, it is a tool to seek out umbrella coverage. In a situation where the policy is $25k, it is more of a CYA type tool as the great likelihood is that no additional coverage exists. The reason for this is because insurance companies do not offer excess/umbrella coverage over a $25 policy. In most situations the threshold for such a policy is at least $250 in underlying coverage.

    The best chance of additional coverage would be if two different people owned and operated the car. This doesn't sound like a possibility here. In fact, if the driver already fled the country then it is highly unlikely that any additional coverage exists.

    That being said, if your injuries are significant and you wish to seek more assurances you should advise your attorney that you would like an asset search performed on the owner and operator of the vehicle. Some lawyers shy away from this tool but it is often used.

    At the end of the day the most likely scenario is that you will be stuck with the underlying policy. Remember that the more you push a case into litigation, the more $$ you spend. And that $ will come off the top of your ultimate recovery.

    Good luck!

    The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an... more
  3. Roland Adrian Vitanza

    Contributor Level 7

    8

    Lawyers agree

    Answered . If you are unhappy with your attorney, you should discuss the matter with him/her so that you can understand why things are moving slowly. If you get the feeling that your claim is being neglected or that the attorney is inexperienced in the field, you should search for an attorney who can better assist you with your claim.

  4. Eric Edward Rothstein

    Contributor Level 20

    7

    Lawyers agree

    1

    Answered . How much is the policy? If its 25/50 there won't be insurrance. Do you have a SUM policy?
    There is a company that can search for excess insurance policies. See if you lawyer knows it or email me directly for it. You only pay if they find something. While they are not perfect they have found policies that carriers failed to disclose.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  5. Malosack Berjis

    Contributor Level 20

    9

    Lawyers agree

    Answered . I'm going to edit the practice area of your post to "Personal Injury."

    I am licensed to practice law in the State of California, and thus, my answers are based on California law. The... more
  6. Jayson Lutzky

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Your attorney should have given your carrier a notice for underinsurance. If it is a limited policy 25/50, then there will not be excess since excess (umbrella policy) is normally with a minimum 100/300 policy. Good luck.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  7. George Costas Andriotis

    Contributor Level 20

    8

    Lawyers agree

    Answered . Get your attorney to explain what is going on or find another who will.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Get an update from your lawyer, and if you're unhappy, pick one of the fine NY lawyers above.

  9. Joseph Gerard Dell

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . Get a copy of the declaration page of the insurance policy. It will list the coverages and excess or umbrellas if they exist. If your not convinced take a verdict and enter judgment.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,846 answers this week

3,139 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,846 answers this week

3,139 attorneys answering