Can You Seek Damages in Court After Receiving an Insurance Payout?
When you’re hurt in an accident caused by the negligence of another person, one of your first responses might be to contact your insurance provider and file a claim. Though it’s common for insurance companies to delay, deny, or try to diminish a claim, suppose they pay you the full amount due to you under the policy. Does that impact your ability to pursue damages from the at-fault party? It depends.
To recover compensation for personal injury, you must show that you suffered actual losses. If your medical bills or property losses are covered by insurance, they are not considered “actual losses.” In essence, you cannot recover for the same loss twice.
However, if you incur any losses that are not covered by insurance, or if your losses exceed the limits of your insurance coverage, you still have the right to seek damages in a personal injury action in civil court. For example, if your insurance policy provides a maximum payout of $250,000 in a motor vehicle accident, and you have losses of $500,000, you can file a lawsuit seeking the additional $250,000.Furthermore, if your insurance policy doesn’t cover the costs of rehab or physical therapy, and you need such treatment to maximize your recovery, then you can sue the defendant to pay for those expenses.
As a practical matter, even though you may have a valid claim against an individual defendant, it may be difficult or impossible to recover compensation unless the defendant has deep pockets. In those situations, you want an experienced attorney who might be able to identify other potentially responsible parties.
Contact the Law Office of Howard D. Popper
For a free initial consultation to discuss your options after a motorcycle accident, contact our office online or call 973-993-8787 to set up anappointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or videoconference.
We handle all motorcycle accident injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.