No. If you settled with the insurance company, they will require that you sign a general release of all claims before giving you a penny-that is a condition of the settlement. Once signed, you have released the person from all claims forever and for good of all claims you have ever had in relation to the incident.
Either don't settle your case and file suit and get a judgment against the person -- a judgment that will be easily dismissed in a bankruptcy proceedings-or settle your case with the insurance company and get the policy limits now.
I hope this helps-
Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.
I would imagine that when you agreed to settle against the other driver's insurance policy, you signed a General Release, which basically means you agree not to pursue anything further against the other driver. It appears from your follow up statement that you are pursuing an underinsured claim against your own insurance company as it may have more coverage than the other driver's policy. Your claim will be inclusive of economic damages (lost wages) and non-economic damages (pain and suffering). You should approach your attorney with any further questions. Good luck.
I'm willing to bet when you settled with the insurance company you signed many papers and your check that you signed most likely had printed on it full accord and satisfaction for the incident.
So, the answer is no because the insurance company already protected him. However, there may still be criminal charges waiting for this individual.
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