I am hearing different things from different attorneys. There is enough insurance to cover my injuries for which I have received medical treatment. However, there is only $5k in property damage available for about $12k in damage to my car (Unfortunately, I only had liability insurance); I have an attorney on the bodily injury claim and he says we Might be able to sue in small claims for the property damage afterward, but is not sure whether insurance company would be willing to pay on bodily injury without having us also release the other claim. Please advise. I just don't know which way to deal with this. What I would like to do is get a decent settlement 4 my injuries. Then , sue in small claims 4 10k in property damage, collect half from insurance & try to get remainder from driver
Usually bodily injury and property damage are two entirely different claims because they are paid by different policies. The payment on one policy should not nay any impact on the other policy. I routinely settle property damage claims before the personal injury claims.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
You can do that so long as your settlement agreement clearly states that this settlement is for personal injury only and does not release your property damage claims.
The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.
The reason you do not like your alternatives is because you were insufficiently insured. I agree with your attorney that you may not be able to settle your BI claim without a full release of any and all claims.
The PD claim is different but the carrier will require a release in full for the PD claim and you will only get 5K on it.
Settle all claims at once or only settle the PD claim now for 5K. Whatever claim you settle, you will not be able to pursue the driver further for that claim.
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