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.
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.
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.
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.
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