I

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I was injured in an
accident and they
have legal counsel
going after the
insurance company
for me already and
I was wondering
could I sue the
people personally
on top of that

Asked on June 13, 2018 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, to the extent that you have not been compensated for costs, injuries, lost wages, etc. by insurance (whether your insurance or someone else's, or whether auto or health/medical), you can sue a person you believe to be at fault (as this driver appears to be at fault). You can only sue for amounts you are not receiving from an insurer, since you cannot be double paid or recover twice for the same costs, damage, or injury. So say that your insurance has paid your car and medical costs, but nothing for lost wages or pain and suffering--you could sue for those things. Say that your insurance is paying everything but a deductible--in that case, you could only sue for the deductible.
 


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