Legal Question in Personal Injury in California

Re: Hit by Drunk Driver, Help

Understand that there are lawyers that will only charge a fee on the amount OVER your highest offer given by insurance companies involved. I personaly know a few in California. Hence you would have nothing to lose to consult with one.

In regards to punitive damages, sometimes you can ask for the insurance carrier to speak with their insured to offer up some dollars in exhange for releasing any puntive damages claim.

Re: Hit by Drunk Driver, Help

Most of what has been said is accurate, if you'd like to meet and speak with an Attorney at no charge, shoot me a response.

Charley

Re: Hit by Drunk Driver, Help

Is it typical that the drunk drivers insurance company will pay me above the policy limits to 'protect' their insured for additional claims? No. The insurance company will offer to settle within the policy limits so that it will not be on the hook for a judgment in excess of the insurance policy limits.

Or, will I have to file against my own under insured motorist portion of my insurance policy (limits 100K/300K)? Be happy that you were smart enough to have high uninsured motorists limits. Collect the entire policy limits from the drunk drivers insurance company and then present an underinsured motorist claim for the difference between what you collected in policy limits and what you had in uninsured motorist coverage. You will not be able to collect punitive damages from your own insurance company. If you have your heart set on punitive damages, then you must sue the drunk driver.

I hope this points you in the right direction.

Re: Hit by Drunk Driver, Help

Generally, an insurer won't pay an underinsured motorist claim unless and until the injured insured recovers the full liability insurance coverage policy limits of the party at fault. The at fault party's insurer is on the hook only for the policy limit and generally won't pay until they get a signed release. Neither insurer pays for punitive damages. Thus, the injured victim must decide whether to pursue a drunk driver for his personal assets, or settle and then make an underinsured motorist claim.

Re: Hit by Drunk Driver, Help

Liability insurers rarely, if ever, pay out more than the policy limits. You should presume that this isn't going to happen in your case.

Punitive damages are hard to obtain in drunk driving cases. Unless a lawyer who has reviewed the facts in detail says you have a shot at them, you should presume you don't. In other words, you need to consult with a lawyer directly instead of relying on the general guidance available here.

Keep in mind that insurers won't pay any portion of a punitive damage award. Doing so is actually forbidden by law. After all, the reason we have punitive damages is to punish the wrongdoer, and an award somebody else pays is no punishment at all.

Re: Hit by Drunk Driver, Help

1. Is it typical that the drunk drivers insurance company will pay me above the policy limits to 'protect' their insured for additional claims?

No. They will do this if they had a chance to resolve the case and failed to do so and then you get a judgment for more than the limits. You are not there yet.

2. Or, will I have to file against my own under insured motorist portion of my insurance policy (limits 100K/300K)?

Before you settle with the other party, get a copy of his declarations page and an asset declaration from him. (His insurance will provide both of these.) You will then want to settle, if he has no assets, keep a copy of the checks, and file an uninsured motorist claim with your own insurance company. Remember, your rates cannot be raised for filing an uninsured motorist claim with your own insurance. You can read about this at www.calpiblog.com