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What can you do if there are multiple claimants in one MVA case, which has $100,000/$300,000 and can't agree on settlement?

Brooklyn, NY |

One claimant has enough injuries to collect full policy but the other two claimants has soft tissue injuries such as bulges but don't want to settle or accept offer because they feel that it's too low. How can we speed up the process?

Attorney Answers 6


  1. Best answer

    Although you are well versed in personal injury claims arising from motor vehicle accidents, one thing is apparent from your post and other comments to the responses you've received here: you have some confusion as to how the policy limits apply to your individual claim.

    The bottom line is that if your injuries are worth significantly more than $100,000 then you should be recovering $100,000. The other claimants have nothing to do with your ability to recover that amount of money because there is plenty of coverage in the policy. It affords $100,000 per person in the accident but $300,000 of total coverage. If the adjuster is attempting to confuse you by saying that the total available amount of the policy is $100,000, he is simply trying to pull the wool over your eyes because you are unrepresented.

    You should ask the adjuster to put your discussion about the other claimants and how they affect the policy in writing. I bet he refuses.or that there was some type of miscommunication. Either way just tell him to offer you $100,000 so that he can be rid of you and continue to fight out the other smaller claims with the attorneys. Good luck.

    The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.


  2. These can be difficult situations. Sometimes it is worked out by the plantiffs agreeing to accept a full tender of the insurance money and then either mediating or arbitrating how to split it up if they can't work it out themselves..

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. No one claimant can get more than 100k with a 100/300 policy. The total aggregate the carrier is liable for is 300k. You can always refuse to settle and seek a personal judgment against the offending driver. Only you and your counsel can make that call. Short of that or the availability of underinsurance, your option is to get the best settlement you can up to the 100k available to you.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here 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 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 may change appropriately.


  4. You can have your lawyer speak with the other plaintiff's lawyers. If not the case will go to court and the judge or jury will decide. Make sure to ask your lawyer to see if you have a claim for underinsurance.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  5. The seriously injured client would be limited to the 100k, so there would be plenty left.


  6. A 100/300 policy means that the most any one claimant can recover from that insurance policy is $100k and the most the insurance company ever has to pay out to all claimants in total is $300k. Thus, even if there are 20 claimants, the insurance company only has $300k in exposure, but no one person can recover more than $100k. If there is only 1 claimant, the insurance company only has $100k of exposure. Since there appears to be you and just 2 other claimants, there should be no issue with a division of the policy like there would be with a single limit policy. There is nothing to prevent you from resolving your claim if a reasonable offer is made. However, if you or the other two claimants can't agree on a settlement, you can commence a lawsuit against the owner and operator of the other vehicle if you have not already. If you don't have an attorney, you would be wise to get one, especially if the case has to go to trial. Good luck.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising

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