A drunk driver struck my car and two other parked vehicles two months ago. The driver was cited, arrested and the insurance company acknowledged liability. Unfortunately, the driver had the California minimum property damage liability insurance of $5000 per accident. Total damages to my car along was more than $7500. The insurance company is offering me $3200 but is telling me that I must sign a release of any further liability for their driver in order to receive it. Is this legal? Do I have to reject the offered settlement in order to pursue the total damages in small claims court? (Note, I did not have comprehensive coverage on my car, but did have uninsured motorist coverage. I would have received more from my own insurance if the driver had not been insured)
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