Legal Question in Insurance Law in California

Economic damages are the ones you can quantify, like medical bills and property damage. Non-economic damages include things like pain and suffering, which are more subjective.

Because you did not have insurance, you may not recover for pain and suffering. You can get a judgment for the full amount of your bills, though there's a good chance the other driver won't be able to afford to pay it. He may opt to go bankrupt in order to eliminate some or all of the debt.

The insurance company will not offer more than the policy limits, even if it is clear that the driver should have to pay more. If you accept the insurer's offer, you will have to release the driver from all liability. You also have the option of demanding a larger settlement, with the driver contributing money on top of the insurance payment. But the other side is not required to accept your proposal, and making it will act as a rejection of any offer that is pending at the time.

I suggest meeting with a local attorney to discuss your situation in more detail.

Good luck.