Legal Question in Personal Injury in California
Settlement Demand
I was sitting at a red light and a car slammed into the back of my vehicle. The police report found the driving of the car at fault. I've since been to Physical Therapy, a Chiroprator and had an MRI done. The MRI found a herniated disk as well as a couple of other things which, according to the Dr., I will probably need surgery on in the future. I have missed work, and have a hard time doing my job because of my injuries (which also includes my thumbs being sprained). I've been told that I can only get the $30,000, covered by the insurance policy, no more. Of that money, after my medical bills, I would get $10,000, to cover my future medical and surgical costs.
My question is this, When you want to submit a demand for settlement, is the amount demanded ''limited'' to the insured's policy limit?
4 Answers from Attorneys
Re: Settlement Demand
No. If it was, people would have an incentive to buy only the minimum required insurance.
But even though you have the right to seek more from the other driver and may even obtain a judgment for a higer amount, you may not be able to collect it. Unless you think he has assets you can tap to pay any judgment in excess of the policy limits, fighting for more may not get you anywhere.
Re: Settlement Demand
Acknowledging what Mr. Hoffman says, if you (or your lawyer) can find out whether the other driver owns a home or real estate with a lot of equity, then it might be worth going after the driver and/or owner of the car as well. Don't forget, there are certain statutes of limitation so be aware that a lawsuit must be filed -- if at all -- timely, or you lose out on even the $30k insurance cap.
Re: Settlement Demand
Your insurance policy most likely has uninsured/ underinsured coverage. If the othe driver has no assets you can investigate the underinsured coverage of you policy. However unless your underinsured coverage is greater than $30000 you will not be able to collect any additional money.
Re: Settlement Demand
You have the right to obtain judgment for all of your damages. If the insurance company does not cover beyond the $30,000, you may have underinsured coverage, and/or you may be able to locate other defendants or pursue collection against the defendant's assets.
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