Phil Franckel July 2015

philFrankelIs the insurance company disclosing all the insurance available for your injury?

When you’re hurt in a motorcycle accident and file a claim against the insurance company insuring the car which struck you, that insurance company is required to disclose the amount of the insurance liability limit.

Injuries from motorcycle accidents are frequently worth more than the insurance policy limit. A broken ankle can be worth more than $1 million. Making sure that you find all the insurance available to compensate you for your injury, is obviously important but can be a challenge.

It’s not often that the insurance company, either intentionally or unintentionally, misrepresents the amount of insurance available but it does happen. Within the last 12 months, we have had three cases where we found additional insurance policies which the insurance company did not disclose.

In one of those cases, the driver’s insurance company disclosed policy limits of $100,000 but the driver was also listed as an insured on another two policies totaling $1.3 million.

In another case, the insurance company disclosed a $100,000 insurance policy but failed to tell us about another insurance policy we found also for $100,000. The insurance company then tried to claim that the policies were concurrent meaning that they were only liable to pay $50,000 from each policy for a total of $100,000. However, we were successful in getting the insurance company to admit that the total insurance available was actually $200,000.

There is a way you can be protected so a release can be voided and the case reopened if fraud was committed but it is rare that this could be accomplished. Additionally, once a release is signed and the case is settled, it’s extremely unlikely that additional insurance will ever be found.

Obviously, it’s important to know how to investigate and search for additional insurance coverage at the beginning of a case. Unfortunately, few lawyers know how to search for insurance coverage.

If you have a question for an article, anything else, or would just like to say hello, please call Phil Franckel at 1-800-HURT-911 or send your question to

Philip L. Frankel Esq. and Rob Plevy, Esq. are attorneys with FRANCKEL & PLEVY, LLP representing people hurt in motorcycle and other accidents.  Disclaimer: This article should be considered advertising to represent people HURT in an accident; is for informational purposes and should not be relied upon because it could contain errors; the correct information may be different for your set of facts even though they seem similar; and is not legal advice which should only be obtained by contacting Phil Franckel, Esq. or Rob Plevy, Esq. for a free consultation to discuss your specific circumstances at 1-800-HURT-911.

See our web sites, and  If you have been hurt in a motorcycle accident, speak directly to Phil Franckel 24/7 at 1-800-HURT-911 — 1-800-487-8911.

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