Why Does My Personal Injury Attorney Need My Car Insurance Policy If We’re Suing The Other Driver?

by Friedman & Ranzenhofer, PC on July 30, 2010

in Buffalo Car Accidents

All drivers in the City of Buffalo and across New York State are required to carry automobile insurance.  When you sue the other driver involved following a car accident, your personal injury attorney will usually request a copy of the declarations page from your car insurance.  This page outlines the coverage that you have under your own automobile insurance policy.

There are many reasons your personal injury attorney will want to look at your car insurance.  In some cases, you may have purchased coverage that is available to you to protect you against uninsured or underinsured drivers.  If this occurs, your attorney will wish to take steps to protect your rights to pursue this additional coverage. 

Also, under specific circumstances, your insurance company may have a right to seek recovery of money it paid out for medical and unemployment expenses following your injury.  For example, under New York State Law your auto insurance company must pay you up to $2,000 per month in lost wages if you cannot work following a car accident.  If you have purchased Additional Personal Injury Protection (APIP), your insurance company may pay you additional lost wages in excess of the $2,000 limit required by law. 

These additional lost wages, however, may be recovered by your insurer as part of any damages you receive from the other driver.  In this situation, your lawyer will want to be aware of the potential impact of any claim on the damages you receive and make sure you fulfill all of your legal responsibilities to your insurer following an automobile accident.

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