Legal Question in Personal Injury in California

Re: Auto accident injury/settlement

You may have a legitimate complaint over the conduct, but settlement with the insurer will require your waiver of any right to pursue it. The conduct, which is intentional, isn't covered by the policy, but a carrier's settlement obligation is to secure a complete release of its insured. So if you take the carrier's money (and you should) you'll give up the right to complain about after the event conduct.

Re: Auto accident injury/settlement

Even if we assume that the other driver's tirade was actionable (which is far from clear), it would not be covered by his insurance. The insurance policy covers his liability only for certain types of acts. No insurance policy will cover liability for any form of intentional conduct, and what you describe was clearly intentional.

(As you say, there should be consequences for some types of conduct. The other driver would not face any consequences if his insurer paid the penalty for his actions. Having such insurance would actually encourage people to behave this way more often. This is why it is both illegal and unwise for insurers to cover intentional conduct.)

You may be able to sue the driver, but if you want to accept the insurance company's money you will have to sign a release which will prevent you from suing him.

I doubt that the emotional stress you endured was serious enough to warrant the hassle and expense of bringing a lawsuit, and it almost surely won't be enough to interest any lawyers who work on a contingent fee basis.

Just accepting the insurance money may be your best option. Of course, that decision is yours to make and I am not advising you to either accept or reject the settlement offer.