Unfortunately, your attorney is the best person to answer this question. It sounds like they denied pip for a material misrepresentation.
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I agree with my colleague that your lawyer is in the best position to address this concern. Hopefully your settlement or judgment will exceed any medical liens by a substantial amount. Good luck.
David B. Snyder, Esq.
6876 Buckley Road
Syracuse, NY 13212
Mr. Snyder is licensed to practice in New York where he does general litigation work in Syracuse; he cannot offer legal advice in other states. This answer is meant to be a public service and not an attempt to solicit business. Moreover, my answer cannot be considered a legal opinion of your case / inquiry. Unless I am retained in a matter and have completed a full investigation of the underlying facts and law, I cannot give an opinion on which to rely. Furthermore, unless your matter concerns New York law, I am not licensed to practice or give specific legal advice in your state.
You have multiple questions. As for the PIP denial, I would need more details about the denial to let you know if they have grounds. As for settlement, it sounds like the responsible party may have a $20,000 policy. If they do not have personal assets that you can go after you may be stuck with the $20,000. Do you have Underinsured Motorist coverage of more than $20,000 per person/$40,000 per collision? Ask you attorney to clarify what is going on for you. If you do not get a satisfactory explanation you can call me.
There is not enough information to value your claim. However, the decision to settle is the client's. That said, you need to listen to the attorney's advice. The issue on your husband driving at some point is also confusing. You may want to buy an hour of an attorney's time for a second opinion with all of the information available.
This response does not create a lawyer client relationship. Each case is determined on its specific facts and this reply is intended for a general audience and facts particular to your case may affect the answer. Consult with an attorney in person for specific answers to your questions.
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