The Great Mystery of Liability Claims and Policy Limits


There is a great deal of confusion about the different types of liability claims and the insurance coverage that applies. People wonder why there was full medical coverage for their friend’s accident, while they are paying out of pocket for their doctor’s bills.  People wonder why they can only collect $25,000 as compensation on their liability claim, even though they have catastrophic injuries, while somebody else collects $50,000 for much less serious injuries.  We are going to solve this mystery for you, right here and right now, so you won’t keep asking your Queens, Bronx, Manhattan or Brooklyn personal injury attorney questions about this until the wee hours.

What is a Liability Claim?

A liability claim is a negligence claim.  A negligence claim is a claim against a person or entity (business, city, etc.) that made a mistake that harmed you.   Somebody didn’t drive properly, or they didn’t build something properly, and now you are suffering, and they are “liable” for your suffering, and have to pay you compensation for your loss.  The first thing to understand is that this is a claim, not a right.  Nobody is obligated to automatically pay anything, all you have is a right to make a claim.  For example, if somebody crashes into your car, you have a right to claim that they caused the damage, but their insurance doesn’t have to immediately pay for your car or provide a rental car.  For that type of service you need to purchase “collision insurance” from your own insurance company with specific provisions for a rental car, etc.  Sometimes the insurance company will pay out money to you for your car quickly, but they don’t have to, and they are not going to get you a rental while your car is being fixed.  So don’t get angry with your attorney when she tells you this!  With clear facts like one car hitting another in the rear, these claims can sometimes be settled quickly, but liability claims can take a very long time when facts are disputed.  An experienced Brooklyn personal injury attorney can get you the compensation you deserve for your liability claim, but it’s not going to be overnight.


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