Legal Question in Civil Rights Law in California

Re: Personal Injury over policy limits

Typically, the insurance carrier will try to settle the matter within policy limits. It will then secure a release of all claims against you in exchange for payment. If it can't do so, you conceivably could be liable for the remainder, assuming there is a judgment against you. Before there's a judgment, you will have the ability to then hire your own attorney, question the medical bills, your liability in the accident, and the extent of your passenger's injuries. Sometimes it might not be apparent to the driver that he/she was not at fault and it takes a skilled lawyer to ferret out all of the details.

Re: Personal Injury over policy limits

Your insurance company must either offer the policy limits or be liable in an unlimited amount. They're not allowed, in other words, to gamble with your money. You might want to consult an independent attorney (not the one your insurance company gave you) if there is a problem; you might ultimately be able to sue the insurance company for "bad faith."

Re: Personal Injury over policy limits

You need to demand that your insurance company settle the case within the policy limits for a full release (this will prevent them from suing you for anything more)