Legal Question in Personal Injury in California

Re: Same insurance co., two different determinations of liability

If you "settle" your son's case, you will be unable to do anything about the extra $800-$1,000. When lawsuits (or potential lawsuits) are settled in this type of matter, the insurance companies insist on the claimant/plaintiff signing a release which says, in no uncertain terms, that the claimant/plaintiff is accepting some amount of money in full settlement of all of its claims against their insured and the insurance company itself.

If you want to seek more in damages than the insurance company is willing to pay, you should immediately contact an attorney who handles personal injury cases in your area. While an attorney is not likely to take a case where the potential settlement is only $800, you will probably be able to find one who is willing to take the case if the damages are higher (and they will be if you do not settle). You may also have some claims against the insurance company in this instance for their refusal to settle the claim reasonably. However, you will need to fully discuss the accident, and everything that has gone on since the accident with an attorney before you will know for sure.

Alternatively, if you are willing to accept the amount being offered, and likewise willing to simply let the extra $800 to $1,000 go, you can always settle for the offer and let it go at that.