I'm sorry that you are dealing with this. Your lawyer got you the maximum insurance policy. You may sue for more. However, you will have to sue the driver if the insurance paid the full amount and you released them from liability. The question is, does the other driver have enough money to pay you out of pocket and assets. Otherwise, you may just have a judgment. Suing will cost money and not many lawyer will take the case if there is no prospect of money coming from the case. Speak with your lawyer and ask for other options.
The response to this question is not intended as legal advice and does not create an attorney/client relationship. Mr. Seifeldein has responded based on the limited information provided by the inquirer in this forum. There is a Statute of Limitations applicable in every case and Mr. seifeldein strongly advises that the inquirer seek legal counsel immediately for a complete evaluation of the matter.
Did you purchase under insurance on your auto policy?
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So long as you have not already settled and signed a Release, you can suit the at-fault driver (and if the incident occurred in Florida, the owner if the owner is different from the driver) for damages in excess of the insurance policy limits. However, whether you should or not will depend on whether the driver (and owner if different from driver) have any significant assets from which to collect a judgment. I assume your lawyer has done asset investigations on the potentially liable parties and is advising that you settle for the insurance limits. You should schedule an appointment with your attorney and discuss these issues in full until you are comfortable as to how to proceed.
The above is general advice regarding applicable state law. It does not create an attorney-client relationship in any specific case.
If you have already accepted the maximum policy limits fro the insurance company and signed a Release it is not likely. If not than you may. Get a lawyer to review your documents and records.
You need, or your lawyer needs to investigate other potential sources of recovery. These might include:
Personal assets of the driver;
Personal assets of the owner of the vehicle;
Whether the driver was completing an errand for someone else, and if so whether that other person has assets or insurance;
Whether you have underinsured or uninsured motorist coverage either because you purchased it or because it is implied by law.
This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me email@example.com, or visit my website http://www.millerlawoffices.us
First, I am sorry to hear about your injuries. That said, usually most attorneys will advise you to resolve your case within the policy limits if this is applicable. However in your case, is there uninsured motorist coverage? This is a very important question you need to ask your attorney. In addition please make sure that the unruptured motorist coverage application is filled out properly and complies with Florida law.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Shiner is licensed to practice law in the State and Federal Courts of Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time lines that, if known, could significantly change the reply and make it unsuitable. Mr. Shiner strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. To learn more about David I. Shiner or the Shiner Law Group, P.A. please call our office at (561) 368-3363 or toll free at 1 (855) 368-3363 or visit website at www.ShinerLawGroup.com or www.InCourt.com
If you didn't sign a release, then you can retain a personal injury lawyer who can take this to trial.
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Your lawyer may be telling you he only has $20,000 in insurance coverage and no other assets. You can sue for more, but there may be no assets to collect against, so you would be investing good money to get no result. Although judgments last for many years and you may collect if the person ever starts earning money and don't bankrupt out your judgment.
This response does not create a lawyer client relationship. Each case is determined on its specific facts and this reply is intended for a general audience and facts particular to your case may affect the answer. Consult with an attorney in person for specific answers to your questions.
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