Determining Maximum Financial Security With Personal Injury Claims

Obviously, from the get go of a personal injury claim, it is very important to determine its potential value. An even more important question is, how much can I recover on my personal injury auto accident claim? The value and the potential recovery of your personal injury claim are not the same. The first question that must be answered is, what is the maximum potential recovery of my personal injury claim?

To determine what the maximum potential recovery of your personal injury claim, you must first know how much insurance is available. The first thing to determine is how much liability insurance does the adverse driver have? In the State of New York, this can be determined by the use of NRS 690B.042, which simply states that an adverse carrier must release proof of liability insurance upon receipt of a medical authorization and a list of your health care providers. Sometimes, we can get a general idea of how much insurance is available by taking a look at the adverse driver’s insurance company. Generally speaking, major insurance carriers like State Farm, Farmers, and Allstate, are companies that will write liability policies above the statutory minimum. The minimum liability insurance in the State of New York is $15,000.00 per person and $30,000.00 per accident. Other company’s only write minimum policies, because these company’s are not as financially solvent as the major carriers. These marginal insurance companies try to limit their exposure by only writing minimum liability coverage policies.

Another important factor increasing the value of your personal injury claim is egregious behavior on the part of the adverse driver. Was he drunk? Was he using drugs? Was he engaging in a speed contest or reckless driving at the time of your accident? Does he have a felony record? Egregious conduct on the part of the adverse driver can raise the value of your claim. Juries don’t like these Defendants.

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