Legal Question in Personal Injury in California
Releasing Rights to Sue the Drunk Driver who killed our Mother.
A drunk driver killed our mother last fall in San Diego County. His insurance claims that they are only responsible to pay out $15,000 (he's an at risk driver from having previous DUIs). This week we (myself and four other family members - 4 children, 1 stepfather) have signed a release to receive that money because our initial research shows the driver has no real assets or ability to pay anything above and beyond that amount. However, would it have been possible (or is it still?) to collect more from his insurance company than what they are legally obligated to. As I said, we did sign and mail in the release of our rights to sue the driver and to receive said amount, but we haven't received/cash the checks, yet (I don't know if that matters, in terms of backing out of the contract).
2 Answers from Attorneys
Re: Releasing Rights to Sue the Drunk Driver who killed our Mother.
Thank you for your question. Please accept my sincere condolences for your loss.
DO NOT CASH THE CHECK(S)! You may be able to back out of the Releases, although they are contracts. Also, if your mother was driving and had Uninsured/Underinsured Motorist Coverage, you might be able to recover from her insurance company. You should also do a thorough asset search on the defendant. You should talk to an attorney about this matter BEFORE you do anything.
I will be happy to give you a free consultation. Please contact me at (714)639-6582.
Re: Releasing Rights to Sue the Drunk Driver who killed our Mother.
Assuming that your Mother was killed in a car accident. That's why you carry iunder insured motorist coverage. What I don't know is if it applies to you receiving money for your mother's death. If the DUI driver's case is settled he may qualify to get another license since he doesn't ow anyone any money. Also if you continue the law suit and the insurance company tneders the policy limit you'll have ajudgment against him that can't be discharged in bankruptcy. A quilty plea in teh criminal case may be used to end the civil lawsuit against him in a Motion for Summary Judgment. You're right. He is a piece of shit. He wouldn't kill my Mom, and get away with paying $15,000.00. Anon You're always going to get the $15,000.00 from the insurance carrier, less the attorney fees to do the case. You can back out of the settlement. Give it a try.
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