Legal Question in Insurance Law in California

What is the LEGAL(property/bodily) financial liability of each driver in CALIF?

My court award(mediation) was limited to 10,000.00

in the case of auto accident. Other partys' fault.

The insurance co took it all gave me 500.00.

My new car was ''called'' a total.

Can I sue either the ins. co. or the underinsured other party?

It's been 3 years and the insurance co just gave me the excuse that the other partys' ins. was limited to 10,000(underinsured). I believe that is not right even illegal.


Asked on 2/05/02, 1:01 am

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: What is the LEGAL(property/bodily) financial liability of each driver in CAL

You might have a claim against your own insurer. But it is impossible to tell from the few and confusing facts you set forth. Please explain how this happened and what the insurer said was the reason it took your award. How did this occur - if the award or settlement was payable to your own attorney and you? Did the attorney work for the insurer?

Generally, the insured is entitled to full recovery before the insurer is entitled to any recovery for moneys it has expended. There are exceptions to this general rule, so exactly how and why this occurred are very important.

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Answered on 2/06/02, 4:09 pm


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