If the policy limit of the at-fault party is not enough to cover the damages to my car, can I get the money from his insurer and sue him for the remaining damage?

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If the policy limit of the at-fault party is not enough to cover the damages to my car, can I get the money from his insurer and sue him for the remaining damage?

He has 10K property damage policy limit and my car was totaled and valued at 13K by his insurance. I also incurred fees for towing, rental car, and taxis. I appreciate your advice.

Asked on June 30, 2015 under Accident Law, California

Answers:

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

Answered 6 years ago | Contributor

If you accept the $10,000 settlement offer from the insurance company, you won't be able to sue the at-fault party for the additional $3000 because when you accept the settlement offer from the insurance company, you will sign a release of all claims against the at-fault party.

To recover the $13,000 plus the towing, rental car and taxi, you will need to reject the policy limits settlement offer from the insurance company and file a lawsuit for negligence against the at-fault party.


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