Injured in an auto accident in California..how is settlement determined?
My family member was a front form passenger in a vehicle that was hit broadside and sustained a severe head injury and several broken bones which will require weeks to months of recovery/physical treatment. We've been advised that the amount of a lawsuit would be determined by the insurance policies of the involved parties and that if minimal coverage is contained by effect a settlement may not cover our expenses and offer no consideration for damages. My questions are as follows:
1. Why would a victim not be capable of sue for an amount which takes into account relevant expenses, lost earnings and suffering (potentially ongoing) regardless of the plane to which the involved are insured?
2. Assuming the insurance policy limits are determinative what recourse is available to a victim that may ensure they are not left next to a net-loss?
3. How would attempts by a victims insurance provider to recover their own expenses affect the victims outcome in a lawsuit?
This is where an attorney would step contained by..if you take any money fro the insurance companie...there is usually a clause that this an acceptable settlement and you could lose you power to sue.
You would have to sue the other driver personally to be able to verbs any losses...keep in mind that the relative could also sue you if there is even a 1% arbitrary you could have avoided the collision.
In most cases, an insurance company will offer a settlement. This settlement amount is determined by both the allowable coverage and the cost of going to court. A settlement is an alternative to a lawsuit. If one takes a settlement, one forfeits the right to sue for matching accident. If you feel that the settlement offer is too small to cover expenses, you can send regrets the settlement and sue. In a lawsuit you will be required to prove the loss and the level of your loss. A settlement is usually much faster than a lawsuit which could drag on for a long period of time.
