Legal Question in Personal Injury in California

I was in a car accident last summer and the man who hit me was DUI. My lawyer just informed me after all these months that the man's insurance maximum limit is $10,000, which is not enough to pay for my expenses (lawyer fee, medical fee and downpayment for a new car since my car was totalled and i only got a couple thousand dollars from my insurance). Overall, I will not get reimbursed for my $1,000 insurance deductible, plus i have to shoulder all the cost incurred in this accident. The District Attorney sent me a victim compensation questionnaire, so there's a possiblity i might get some money from there, but there is no guarantee. What can i do? Can I sue the man who hit me in small claims?


Asked on 4/12/10, 11:26 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

There's always a choice not to settle for the insurance proceeds and go after the other driver for the full value of your case, assuming that the other driver has assets. More than likely, though, your lawyer would not recommend that and might withdraw from your case.

Often, an attorney can negotiate the medical bills to a level where everyone gets some money, although not full value.

If you settle with the insurance carrier, the claim is closed, and you cannot then file a small claims lawsuit against the other driver.

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Answered on 4/17/10, 12:05 pm


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