Legal Question in Personal Injury in California
Ceiling on settlement amounts
I was 3rd car hit from behind while stopped at a red light. My attorney was asking 19000.00 now attorney says person responsible only has insurance to 15000.00 so that is all that is being asked for now. Adult daughter driving parents car, can you go beyond the 15000.00 ceiling on the insurance coverage. I will be having problems with my injury from now on. Medical bills and attorney fees will leave me with almost nothing for pain and suffering.
2 Answers from Attorneys
Re: Ceiling on settlement amounts
You can as Mr. Koury said sue the driver and get a large judgment. However, you should consider the possibility of collecting the judgement. A large judgement that cannot be collected is of little value.
You may be better off if you accept your portion of the other driver's insurance and then collect what you can from your underinsured motorist insurance policy.
Re: Ceiling on settlement amounts
there is no limit on the amount of the judgment you can get from the driver at fault but to go beyond the insurance policy you must go to trial, not settlement. Some attorneys are lazy and dont want to go to trial.