Legal Question in DUI Law in California

The responsible party's insurance coverage can't cover our expense

Our car got hit from the back. We ( a couple and two kid) were in the car. The responsible party has only $5000 property insurance. It can't cover our repair, leave alone rental. We have to go through our own insurance for this. But our insurance doesn't cover rental. We also get pain and bruise, we are going through physical therapy now. The person does have body injury coverage. But we don't know how much it is (probably $30k total).

Should we sue the other party or could we sue through our own insurance ?

Is it worth to go to court ?

Thanks


Asked on 12/23/08, 1:15 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: The responsible party's insurance coverage can't cover our expense

You haven't consulted a personal injury lawyer yet??!? What in the world are you waiting for!!! Especially if the other driver was drunk!!!!!!!! Watch out for legal time limits and I hope it's not already too late!!! Please feel free to call day or night.

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Answered on 12/23/08, 1:45 pm
Terry A. Nelson Nelson & Lawless

Re: The responsible party's insurance coverage can't cover our expense

You don't sue insurance companies, you sue the at fault driver. If he and/or the registered owner[s] have adequate liability insurance limits, you recover through that. If he doesn't, then you'll probably not recover anything from him directly; that's the unpleasant fact of life with uninsured drivers that make up about a quarter of all cars on the road; they generally are poor. If they have nothing, that's what you get.

If you have Uninsured/Underinsured Motorist coverage yourself, then you can file a claim with your carrier under that, IF the other guy's insurance is insufficient to pay your damages.

Use this as a lesson, contact your insurance agent and increase your Uninsured/Underinsured Motorist coverage to the maximum allowed; it is quite cheap. That is what pays your damages when an uninsured driver hits you. Also increase your PL/PD coverage to at least $100/300k to protect yourself from bankruptcy if YOU cause major injuries to someone else.

Now, if this is in SoCAL, and IF the other guy has insurance, or IF you have to claim on your own Uninsured/Underinsured Motorist coverage, feel free to contact if serious about getting legal help collecting your damages.

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Answered on 12/23/08, 2:35 pm


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