Expert: Bennie719 - 3/27/2008

Question
I am a Police Officer in May 1997 I was struck by another vehicle while responding to an accident. I was seriously injured and kept out of work for a year. We filed suit against the party that struck my car.The superior court in NJ has arbitration to settle claims. I was awarded $90,000 The insured paid their policy limit of 15000. We then filed an UIM claim against my insurance company for the remainder $75000.I had $300000 in UIM at the time over the next 6 years my insurance company stalled,sent me to doctors and cancelled appts etc. The usual stall tactics.Then last year they scheduled an arbitration, which they cancelled. It took another year to get another arbitration in an attorneys office.This arbitration reduced the original award to 45000 minus the 15000 I received to 30000.I thought the insurance company was obliged to pay the 75000 I was awarded not litigate the entire case again. I have not accepted the award as of yet and was hoping I could enforce the original amount and or sue my insurance company for breach or contract and acting in bad faith. Any suggestions should i go on or take what i get and run.

Answer
Hi John,
My field of expertise is in tort liability insurance states.  There are 11 no fault insurance insurance states and each have a different policy and different laws.  Your case falls under whatever no fault insurance laws were in effect in New Jersey in 1997 (if it was a no fault insurance state at that time).
My best recomendation is to go back to the allexperts.com home page, click on MONEY, then click on PERSONAL INSURANCE, then clink on INSURANCE LAW and ask your question to Richard.  He is a no fault administration in New York and thoroughly familiar with the NY & NJ laws.
Sincerely,
Bennie