..do I sue them? I was hit on my motorcycle in LA, Ca. They had a left turn only. They turned then did a you turn from left lane across 3 lanes. Hit me in middle lane. My Bike totaled, me injured broke shoulder,elbow and ankle. 3 months no work. They only had 20k insurance 6k will go to my insurance and 13k to me. Not covering my losses, Injuries or pain and suffering. Do I have to turn down insurance claim and do a personal lawsuit against car at fault?
Accident - if a driver doesn’t have a enough insurance to cover my losses and injuries...
- Posted:
- 3+ months ago by DerickWMi...
- Topics:
- cover, left, motorcycle, accident, driver, lane, middle, turn, insurance
Details:
Answers (2)
I have a lawyer. I’m trying to find out answers myself. This is from there insurance they only had minimum coverage. That’s 20k in CA. So lawyer said that’s it from that. But i was wondering if I sue the person I can at least come out better than a complete loss. Like they can make payments ya know. But if I take insurance money will that let them walk and me not able to start a lawsuit?
Yes once a settlement is made it's done with not going back later and trying to sue for more damages at a later date. So no more chances of getting money after a settlement is made. No further actions can legally be taken. . But watch out that you don't end up with nothing a lawyer can take up to 33% of the judgement he get for you in court. So say the judge orders a $200,000 judgement. The lawyers could say they owned $66,000 if insurance pays $30,000 you'll own your lawyer $36,000 And if the other person pay you nothing then you lost out. Not saying your lawyer one that will do that but there are some that will. . With that said. With an outstanding judgement out there you can try to keep going after them for the money. You could make there life tougher harder. These are questions you should be asking your lawyer. He suppose to know the laws of your state and county. And how the courts and judges run there courts.
Be sure to get max medical coverage that the insurance company allows. And the full costs of your motorcycle. And lost wages. Depending on the state and the coverage lost wages can be seperate from personal damages. Have you been getting lost wages payments while you recovering from the accident. That helps out when trying to decide what to do. Some times people settle early do to bills needing paid and no money to do it with.
You can sue for damages. Yes. But doesn't always mean you'll get the money if the person who hit you working a minimum wage job or disabled, fixed income, unemployed. Then you won't ever see that money or if you do it be like $30 a month. In those cases you don't get money but cause them to have lower credit and hurt them personally in there life. Off a law sue. Others will get more than you. Like insurance companies banks loans and all companies that choose payments off your credit and legal history.. If you lawyer saw a chance to get money off them then trust me they would go for it. They out to make as much money as they can...
It decreases your chance of getting more money. You can sue the person but if they have no money how are they going to pay if you win the lawsuit. Let your lawyer talk yo the insurance company.