Legal Question in Personal Injury in California

Re: Damages More Than Coverage

You should turn this over to your auto insurance company and let it negotiate on your behalf. If it can't settle within your policy limits, it may be able to negotiate a way for you to pay the excess amount from your future earnings. Your inability to work during your first year of law school won't necessarily prevent such a settlement.

Re: Damages More Than Coverage

Now is the time to start studying your tort law (subtopic Excess Liability). When there is a policy for X, and the apparent damages are greater than X, the insurance company must offer to settle for the policy limits, or else they could be liable in an unlimited amount if there is an adverse judgment after a trial. This doctrine is intended to keep the insurance company from gambling with your money. There are also interesting questions regarding possible conflicts of interest on the part of the insurance company -- and the attorney they hire to defend you. Time to familiarize yourself with the law library!

Re: Damages More Than Coverage

Your insurance company should try to settle your on behalf for the amount of your coverage. If the claim is worth more, you may need to contribute money. If the attorney for the injured party finds out you are going to law school, they may sue you so that they can get a judgment against you and garnish your wages when you get a job as an attorney. You should retain an attorney to help you negotiate a settlement and avoid getting sued.

By the way, if you are sued as a result of this, you will have to disclose it on your moral character application and it may delay things.

This is too important to your future not to spend a little money now trying to get it resolved.