If I am awarded money in small claims court that is over the driver's policy limit for property damage, would the driver have to pay the full judgement? or does the insurance company pay some/all?
The insurer will pay their limit, provided you get lucky and get a verdict that meets or exceeds their limit. If over you then have to figure out how to get that money from the other party.
Advice given in this forum does not create an attorney - client relationship. No advice should be relied on without consulting with a local attorney.
It is up to the driver to submit to his insurance company. You have no direct access to the insurance company. It is often easier to obtain a judgement than to collect the judgment.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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