Legal Question in Personal Injury in California

Hi,

My car damaged by a car ran on RED light. Their insurance offering me only about $2,560.00 in pro-rata settlement. That car hit another one in same accident. which is way less then my cost ($9,550.00) of recover my car; because their insurance saying their insured vehicle has only $5,000.00 property damage insurance.

Now my question is; if I accept that $2,560.00 from their insurance company. Can I go to court for small claim for the rest of the amount? I mean; can I sue the owner of vehicle and driver for rest of the money? What is would be the legal advice?

I am waiting your response and your suggestion would be appreciated.

With Best regards,

Tej Rai


Asked on 10/14/11, 1:00 pm

2 Answers from Attorneys
Tony Carballo Carballo Law Offices

If you accept that amount you will have to sign a release that says that you have settled for that amount and you cannot proceed against the responsible insured driver or owner.

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Answered on 10/14/11, 1:30 pm

I disagree with Mr. Carballo. You do not HAVE to sign a release, and no reputable insurance company will require that, even though they are required to ask you for it on behalf of their insured. IF they refuse to give you the payment unless you sign a total release, tell them to forget it and sue the driver for the whole amount.

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Answered on 10/14/11, 2:34 pm


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