Legal Question in Personal Injury in California

Sue Uninsured Drivers after receiving Insurance Settlement?

Less than a year ago, I was a PASSENGER in a car accident. Neither driver had car insurance. I was able to file a claim under MY uninsured motorist coverage and am currently involved in settling with the insurance company. Due to this accident, I missed a substantial amount of work due to a back injury and chronic pain. My question is two-fold:

Can I sue either, or both, parties even after receiving a settlement with MY insurance company regarding this accident? (Obviously I am entitled to more damage recovery.)

If so, what can I sue them for (i.e.pain/suffering, loss of wages, etc)? [Considering the insurance settlement covers medical bills (although I had full medical insurance), pain/suffering, and any other damages.]


Asked on 9/24/05, 5:16 am

2 Answers from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: Sue Uninsured Drivers after receiving Insurance Settlement?

Your own uninsured motorist coverage should provide you with the same coverage as though you were suing other defendants. It sounds like you need to get a lawyer involved immediately since it appears that your settlement may be substandard. Your own uninsured motorist insurance will go after any responsible defendants for reimbursement of funds that your insurance company paid towards your claim. Should you desire protection, I will be glad to give you a free consultation. Please contact my office at 818.943.0462.

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Answered on 9/26/05, 5:07 pm
Terry A. Nelson Nelson & Lawless

Re: Sue Uninsured Drivers after receiving Insurance Settlement?

Assuming you haven't assigned your rights to your UM carrier, you could sue both drivers and both registered owners. BUT, if they had no insurance, what do you think you going to collect from them? If they don't have substantial assets or income, they could simply go BK on you. If your damages are substantial, you should be able to get them paid in full by your UM policy, up to the policy limit. Problem is that most people have low limits on UM -- a serious mistake. Contact me for help if you UM carrier is unwilling to pay policy limits or if the defendant drivers actually have assets and net worth.

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Answered on 9/26/05, 7:49 pm


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