Legal Question in Personal Injury in Nevada

Basically, the insurance company only has to pay $10,000 and from this it will deduct its legal expenses in filing the interpleader. You would be better off accepting the partial payment before interpleader and reserving your rights against the at fault driver.

Your only remedy is to file a claim against the at fault driver and see if you can collect. You can file the claim against the at fault driver in small claims court w/o an attorney.

I assume you don't have collision coverage on your own car, because if you did your own insurance would pay.

The interpleader asks and requires the judge to control how much and to whom the $10,000 insurance fund goes to. In some ways, it could be said that the insurer 'gives' the judge $10,000 and says 'here, you handle it." The judge will most likely Order that the money go exactly the way the insurance company suggested - 8% to each claimant.

So, whether you, or any of the other claimants sign the settlement as offered, you will get only 8% or less because there may be some allowance for attorney's fees given to the insurer because they had to file an interpleader to force the claimants to take only the money there was for them to take in the first place. The insurance is a $10,000 policy. No matter how much damage the insured driver does to blameless people, the insurance company will only pay out $10,000.

You can file against the driver who did the damage, either in small claims or other court with or without an attorney. But the chance of you getting any more money out of that person are slim and none. A person with a $10,000 insurance policy most likely has no assets to go after. He or she may have a job where you could garnish the wages, but that job is most likely low paying and you would be paid very little if anything since all that person has to do is quit their job and the garnishment process would start all over again. If that person has social security or another annuity type income, it most likely can't be garnished at all. Most lawyers would not take such a case because they can't make any money on it. If a lawyer can't make any money, most likely you can't either. So, going after that person would be a waste of time, effort, aggravation and money.