Are we entitled to more than the stated coverage of an insurance policy?

You raise a some very good issues.  I doubt that your lawyer is cheating you and there is an easy way to confirm the information he is telling you.  First, it's important to understand that no matter how serious an accident or an injury, what determines the amount of the recovery is the amount of insurance is available.  Rarely does a person have enough money to justify the costs required to sue them personally and then collect.  In order to confirm what your lawyer is telling you in your case, simply ask your lawyer to obtain a copy of the other driver's insurance policy, which will set forth the amount of his policy limits.  The insurance company is only obligated to pay up to the policy limits (for example, if the policy limits are 15/30, the insurance company only has to pay up to $30,000 for all occupants involved in the accident).  You should also ask your lawyer to find out whether or not the drunk driver was in the course and scope of work at the time of the accident.  By that I do not mean that he was employed at the time of the accident; instead, you need to find out if the drunk driver was actually running an errand or doing something required for his work.  Finally, you should ask your lawyer to obtain a copy of the insurance policy for your driver to see if there is coverage available for you for the injuries you sustained in the accident.  The coverage would include medical payments and underinsurance/uninsured motorist coverage.  Finally, no matter how serious the accident or the potential for injury, compensation is based on an actual injury rather than what could have happened.  Good luck, and I hope you fully recover from an injury you did sustain.

The above advice is well written.  You need to see copies of the insurance coverages for both drivers.  California is a FAULT State, meaning that negligence must be shown as to any drivers against whom you are making a claim.  It is possible that only the "other" driver was at fault,  or only "your" driver was at fault,  or lastly, that the accident was the fault of both drivers.  I am sure there was a police or highway patrol report based upon the seriousness of the accident and injuries, so you would want to see that too.  Finally,  if the drunk driver(assuming his drunkeness can be proven) could be liable for extra, or punitive damages, which may not be covered by insurance, but which could be relevant depending upon the financial condition of the drunk driver.  Too many issues,  and too many ifs, ands and buts,  to advise you fully in this type of forum. 

Give me a call for a free consultation at 800-816-1529 x.1 . There is too much to type on here.