Asked in Insurance Bad Faith and Insurance Defense

Q: My insurance company says my claim will proceed on a without prejudice basis What is the meaning of that statement.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Insurance Claims Lawyer
  • Little Neck, NY

A: If you have an attorney on the case representing you, this question should be posed to them. They would have the entire file, the court's paperwork, and based on that, could explain things in the most meaningful manner. As a GENERAL matter, and without knowing more details, the use of the terms "with/without prejudice" can refer to something being dismissed. If a case is dismissed with prejudice, that generally means it cannot be refiled. If a case is dismissed without prejudice, it can generally be refiled - statute of limitations aside. But it would be best to check with your attorney, or if you do not have one, to review your file documents with an attorney who could most accurately describe the meaning of the statement. Good luck

Tim Akpinar

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