Legal Question in Insurance Law in California

Re: uninsured motorist not at fault in collision with insured motorist

Go to a lawyer and let him/her investigate whether or not your brother (or his wife, dependents, etc.) have any remedies against the lady defendant, her insurer, his other insurance (medical, homeowners, worker's comp., etc.) or any other party. A contingency lawyer will find out about any possibilities which he might have, but there are too many questions to ask to set forth here.

And his being uninsured (are you sure - ask the lawyer) means he cannot recover against her for pain and suffering (non-economic losses).

Re: uninsured motorist not at fault in collision with insured motorist

He -can- sue for lost wages, but not for pain and suffering, unless he signed a release to get the $50k, in which case he may be out of luck.

Re: uninsured motorist not at fault in collision with insured motorist

Your brother can collect medical bills and wage loss, generally referred to as economic damages. He cannot collect pain and suffereing, generally called non-economic damages. However, if he signed a release, he can probably not sue for anything.

You can read more about these topics here:

http://www.calpiblog.com/2005/12/you_are_in_an_a.html

and here:

http://www.calpiblog.com/2005/12/settling_your_p.html