Thanks for your response ! What if the there are facts in a case that if brought out in a court room could hurt the plaintiff and risk not only the liability limits but, also bring possible malicious prosecution charges against them. Would it be wise to proceed taking that chance or just settle for the liability limits and try to get the UM money as well ?
I'm having a difficult time understanding your question. If the injured party is the the one bringing the suit (the Plaintiff), and you are implying that this party may be involved in malicious prosecution, then who's the one who is considering whether to accept the policy limits offer? Your question is unclear as to what it is that you're asking.
You should consult an attorney as to what would be the best approach. However, and as stated above, you should keep in mind that if one of the party's is judgment proof, then the other will essentially have little to no recourse in attempting to collect on any judgment awarded.