Legal Question in Personal Injury in California

You are entitled to recover the entire amount of your damages. If the other person's insurance only covers a portion of the damages, you may seek the unpaid damages, directly from the other person. But, be aware of a few considerations.

First, if you have coverage, on your own policy, for underinsured motorists, you may be able to simply call your own carrier, get paid the difference, and let the carrier pursue the matter.

Second, don't sign anything that looks, feels, acts or sounds like a release agreement or settlement agreement. The other person's insurance company may send you a document to sign, under the pretense that it is a "receipt" or an "acknowledgement of the payment." In fact, you don't have to sign a receipt or acknowledgment or anything else to get paid. In any event, if the paper that you sign is a release or settlement agreement, you could waive your rights to go after the other person for the shortage.

Third, look at the check, itself. If it indicates words to the effect of "full and final settlement" or "release" or "satisfaction," then, signing the check and depositing it may be construed as a waiver of future claims.

So, check out all the papers that are to be signed. Check out the cover letter that came with the check. Then, check out the check, itself. If there is any language - anywhere - that relates to a settlement, release, or end to your claim, then you should not sign and deposit the check. Instead, you should check with an attorney.

My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

My website is located at www.thepersonalinjury.com .