Can the injured person sue the driver in civil court for money funds if he is not satisfied with the court settlement?

A person injured in mother vehicle accident in California has been offered a settlement is suing for more money. After the court case is settles, can he sue the driver for additional money?

Asked on October 20, 2017 under Accident Law


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The insurance company for the at-fault party makes a settlement offer to the injured party.
If the injured party accepts the settlement, NO lawsuit is filed.  Accepting the settlement, the injured party signs a release of all claims which bars a future lawsuit against the at-fault party.
If the injured party rejects the settlement offer, the injured party files a lawsuit against the at-fault party.
If the case is already in court and a settlement is offered, if the injured party rejects the settlement, litigation continues.

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