Drunk Driver's Insurance Won't Cover All of My Expenses

[prenderdave]

My question involves insurance law for the state of: California

I was hit in my vehicle by a drunk driver who ran a stop sign. The police took him to jail that night and made a full police report. The drunk driver was insured and his insurance company has taken 100% of the fault, however they have informed me that his "minimum" insurance plan will only cover up to $5,000 worth of my expenses. The damages to my vehicle "under the hood" are already at $5,000, and that doesn't even cover the body work or the rental car. Total expenses are estimated around 8,000.

I have liability insurance (geico) so my insurance company will not pay for any expenses that are not my fault. I was told that if I accept the drunk driver's insurance money ($5,000), then I cannot take him to court for any expenses above that amount (is this even true?). My question is: What can I do to get all of my expenses paid for in this accident that is not my fault?

Thank you.

[FullAuto]

The easy way would be to just use all the money you saved not having collision coverage to write a check for the amount above his liability coverage. I'll let an attorney explain the court process.

[prenderdave]

I'm really looking for the "least expensive way" rather than the "easy way". But thank you for your comment.

[flyingron]

You seem mistaken that collision versus liability is about fault. Collision covers damage to YOUR car. Liability covers damage to others. Your liability policy never pays you money. Your collision coverage never pays anybody else. As FullAuto suggests, never leave assets uninsured that you can't afford to lose outright.

You can sue him beyond his insurance limits (provided you haven't waived that right accepting their payout). The question is does he have any money that you could recover if you won a case in excess of the insurance.

[jk]

My question is: What can I do to get all of my expenses paid for in this accident that is not my fault?

1. sue him
2. if you win, take the judgment and use all legal means to collect on it



Not sure how California treats is but some states will suspend a person's license if there is an unpaid judgment against them for damages they caused in an motor vehicle accident.


and be aware: his insurance company will provide a lawyer for him.

[prenderdave]

You can sue him beyond his insurance limits (provided you haven't waived that right accepting their payout). The question is does he have any money that you could recover if you won a case in excess of the insurance.

How do I make sure that I do not waived my right accepting their payout? I was told that if I receive the payout from the insurance company, then I am waiving my right to sue him beyond those limits. It is possible for me to receive the money from the insurance company, not waive my right to sue, and sue the driver beyond those limits?

Also, to answer your question, I don't know if he has any money that I could recover if I won the case in excess of the insurance. If I win the case, doesn't he have to pay me (i.e. make payments)?

Thank you for your response.

[jk]

prenderdave;627460]How do I make sure that I do not waived my right accepting their payout?

You don't accept the payment.

It is possible for me to receive the money from the insurance company, not waive my right to sue, and sue the driver beyond those limits?

nope. If you attempt to reserve a right to sue, the insurance company will not give you a penny.


Also, to answer your question, I don't know if he has any money that I could recover if I won the case in excess of the insurance.

If I win the case, doesn't he have to pay me (i.e. make payments)?

ever hear the old statement: you can't get blood from a stone? If you are awarded a judgement, it is your obligation to collect on it. If he doesn't have any money, there is nothing to collect.