Mediation, Arbitration, and or Litigation?

UPDATED: Sep 30, 2022

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Mediation, Arbitration, and or Litigation?

Within this year my building was struck by a vehicle vehicle ‘1’ which was
caused by a traffic collision from another vehicle vehicle ‘2’. ‘Vehicle 2’ was
shown to be at fault , which such insurance company has agreed in processing a
claim. The claim offered is substantially Tens of Thousands lower than cost of
repairs presented by a licensed and bonded contractor repairs have been

The insurance company claims the policy limit has been met, and no other
resources / solutions can be drawn.

My Question What is my best means of solution in recovering loses from ‘Vehicle
2′, if any?

Asked on July 18, 2017 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You sue vehicle 2's driver (and also owner, if the driver was not the owner; the owner of a vehicle is liable, too, when someone whom they let drive was at fault). Any limitations on insurance do NOT limit how much the insured has to pay--it just limits how much insurance will pay for him or her. But  if you sue him or her in court and prove his or her fault, you can get a court jugment (basically an order) requiring him or her to pay. He or she will have to pay out of pocket the difference between the judgment and the amount you have received from insurance (you can't double collect).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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