How Does One Get Compensated When The Other Person Has No Insurance?
There are a number of different answers to that. It would be an uninsured motorist claim if someone who did not have insurance had an automobile accident, and it would be covered under the UM or unidentified insurance policy. If someone who had insurance had an accident with someone who did not have insurance, then the insurance of the insured person would have to step in and provide the insurance that the other party should have had, which is all under the New York Law.
The person would have to go after the entity themselves, in the case of a self-insured entity or an entity that has assets. They would get a judgment and then they would try and seize their bank accounts or compel them to pay somehow.
People’s wages have been garnished, but if they do not have insurance, then a lot of times in New York they would use something called vicarious liability, which is when the person may not have insurance but their boss would. If the person did something wrong while they were working for their boss, then the boss and his company would also be held responsible, meaning that their insurance company would be obligated to pay for what the person did.
We would have to look at other aspects regarding who else could be held liable for the individuals. A lot of times, New York also has “joint and several liability” where one individual may be uninsured but other people who are responsible for what he did are insured.
A common example would be assault and battery in a bar or a night club. A lot of times, if someone was acting drunk and unruly then the premises itself would have the responsibility to keep its patrons safe, so even though the person who committed the assault may not have insurance, the bar could still be held liable for not providing a safe premises when they were taking actions to control this person who was acting out of control.
Another example is called the “Dram Shop Liability” in New York, whereby when a bar serves somebody alcohol illegally, if they are under 21, or if they serve someone who is obviously drunk in violation of New York’s Alcohol Beverage Control law, then they can also be held liable for the actions of the drunk person. There are a lot of cases where someone who was drinking and driving and was found with a high blood alcohol level, was served by a bar when he was already intoxicated, and they only have a minimal $25,000 policy. In these cases, the bar can also be held liable.
How Do Insurance Companies Come Into Play For Vehicle Accidents?
Everyone in New York is required to have insurance, so the insurance would generally pick up the defense of the individual who was being sued.
What Does It Mean When Insurance Companies Refer To A Treatment Gap?
When an insurance company talks about a treatment gap, they mean to say that because the victim had a certain time period between the injury and when they first sought medical attention, that they are lying or they were not really hurt or their claim is somewhat less than meritorious because they did not go to the doctor right away.
Should Someone Answer Questions If The Insurance Company Calls Them?
In general, the person should not answer any questions because they should really just direct the insurance company to their attorney. It is not uncommon for insurance companies to misrepresent the person’s answers or say that the person said things that they did not actually say. It is always prudent to put a barrier between yourself and the insurance company because the insurance companies are never there to help anyone, they are there to help themselves.
What Are Some Examples Of Wrongful Death Cases?
Wrongful death can obviously happen in the maritime industry. Working at sea can be very hazardous because people can go overboard and get killed or very seriously injured by the heavy equipment that is used. We have seen wrongful deaths in trucking accidents as well, because trucks are so heavy and they really cause very serious injuries and fatalities when they do hit somebody. These kinds of injuries can also occur in construction, because construction sites are very hazardous places, where people can fall, be electrocuted and all sorts of inherently hazardous things can happen especially where minimal safety precautions are not followed.
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