QUESTION
Can I sue both the insurance company and the policy holder for gross negligence in a MVA?
Asked on Mar 27th, 2012 on Personal Injury - Oregon
More details to this question:
While at a stop light, stopped, I was rear ended by another vehicle who was going approximately 50 miles an hour. He was on his cell phone. This totaled my Honda Pilot and I'm still seeking care for both my son and myself. Can I settle with the insurance company and I sue him for his gross negligence?
1 ANSWER
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Insurance companies will not pay a settlement without a release, which releases both the insurance company and the defendant who hit you. Typically, your attorney will settle with the insurance company for the policy limits, assuming your damages exceed the defendant's policy, then initiate an underinsured motorist claim with your insurance company to complete your compensation.
Answered on Mar 29th, 2012 at 11:32 AM