Can I take the other driver to court if their insurance did not cover all damages? - Accident Law Questions and Answers- LawQA.com

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Can I take the other driver to court if their insurance did not cover all damages?

My car was hit on a accident the person who hit me did not have enough insurance coverage to cover all repair and costs can I take this person to small claim to pay for the remaining balance?

Answer By Lacy Fields
Lacy Fields, Attorney at Law, LLC
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Yes. However, you must make sure that your settlement with the insurance company did not release the driver from further suit.

Answer Applies to: Missouri
Replied: 8/16/2011

The Law Office of Harry E. Hudson, Jr.
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Maybe. If you accepted money from the other person's arrier, you probably signed a release of claims. If you did , then no you cannot sue for more money. Maybe you should talk to your carrier about under insured compensation.

Answer Applies to: California
Replied: 8/16/2011

Law Offices of Earl K. Straight
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Usually the insurance company in that situation will have you sign a release or put release language on the check which basically states that you accept said amount as full payment for any and all property damage claims. If you signed a release you will not be able to pursue additional damages against the insured.

Answer Applies to: Texas
Replied: 8/16/2011

Answer By Josh Lamborn
The Law Office of Josh Lamborn, P.C.
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If the damages exceed the policy limit on the insurance, the insured party is liable for whatever is left over (assuming they are 100% responsible for the damages). Yes, you can sue that person for the remaining balance. However, your insurance likely has a provision for under insured motorists. You may be able to make a claim against your insurance to recover the balance that is owed without having to file a lawsuit. This is why your pay an insurance premium and it is the easiest way to be made whole in this scenario. Take a look at your policy and see if you are covered for under insured motorists and up to what amount. Then contact your company and open a claim.

Answer Applies to: Oregon
Replied: 8/16/2011

Law Offices of Timothy G. Kearney, LLC
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You can sue them for the balance but the recovery of the Judgment becomes the more difficult issue. People who are not sufficiently insured are usually that way due to a lack of funds.

Answer Applies to: Connecticut
Replied: 8/16/2011

ROWE LAW FIRM
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If the insurance company did not require you to sign a release to obtain the check for the repair of the vehicle repairs, you may take the person to court for the excess. Normally the insurance company will defend their insured to the extent it takes for you to accept a settlement within the policy limits, and will not write a settlement check unless you sign a release.

Answer Applies to: Louisiana
Replied: 8/16/2011

The Law Office of Stephen R. Chesley, LLC
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If you collected money from the insurance company you probably signed a release which would include the owner of the car. The insurance company would represent the owner of the car and therefore try to protect the interests of the owner/driver. If you would like to discuss this matter further.

Answer Applies to: New York
Replied: 8/16/2011

Answer By Steven Dunnings
Dunnings Law Firm
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If the other driver was covered by no fault insurance, you can only recover up to $500 of the deductible of your insurance. This e-mail is covered under the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged.

Answer Applies to: Michigan
Replied: 8/16/2011

Answer By Bernard Huff
Bernard Huff, Attorney/Mediator
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Yes, you can. You should at least consult with an accident attorney if you cannot retain one to also re-examine the amount of insurance coverage the other driver carried. This does not appear to be a personal injury matter since only property damages resulted from the collision.

Answer Applies to: Indiana
Replied: 8/16/2011

Cody and Gonillo, LLP
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Not if you signed a release.

Answer Applies to: Connecticut
Replied: 8/16/2011

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