QuestionI was in car wreck. other at fault. I have broken neck and c4 and 5 are pushed into one another. The company wants to settle fast. So does mind for the uninsured. the problem is they want me to release this driver and the owner. I am not willing to do that as i know I may have a lot of expenses for this. Can I collect the insurance and still sue the other drive and owner?
AnswerHi Matrix,
No, you cannot sue the tortfeasor after you sign a release. And his insurer will not pay you his policy limits until you sign a release. The release means just that: you hereby forever release him from any claim for the accident.
You need some professional help in the three areas I will address below. But first, I want you to go back and review the whole accident and how it happened and come up with any facts that might show liability—even if only in small part—against a third party. This could be for poor road design, poor painted on traffic markings, or perhaps some land owner let his vegetation grow too far over the right of way and it blocked the view of either of you.
An attorney will see you for no charge to review the possibility of finding an additional tortfeasor. If she cannot find any additional tortfeasor, then determine whether or not your own insurer (whoever paid your medical bills) is going to waive subrogation http://www.settlementcentral.com/page0459.htm
You might have to hire her to fight a defense against subrogation claims of insurers who paid your medical bills or lost wages and the like.
NO, NO, NO, do not listen to the insurance adjusters who want a fast settlement UNTIL you have obtained a review by a personal injury attorney. There are THREE factors that you need to review with an attorney who advertises "no fee first consultation".
FIRST are the assets of the tortfeasor. If he has minimal limits, but some good job or assets you can see, then consider suing him. Yes, his insurer will offer the limits, but you do not have to accept. You can just proceed along with your lawsuit.
Once you get a judgment, his insurer will pay in his limits, and your attorney will go after his assets. Now, unless he was committing a crime at the time of the accident (and DUI does count as one), he can discharge your judgment in Bankruptcy Court. Hence, he would have to own significant assets before an attorney would agree to forego his policy limits.
SECOND, check on the possiblitiy of anoher tortfeasor, maybe with one of the examples I gave above.
THIRD, get a handle on your defenses to or insurance waivers of SUBROGATION. Read that free page I have given to you. Figure out how much of a subrogation claim is going to be made by your insurers and then determine whether or not they will waive any of their claims, or at the minimum, accept only half.
OK, Matrix that is about it. I trust that extra my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
