Can I take the other driver to court if their insurance did not cover all damages?

Question

My car was hit on a accident the person who hit me did not have enough insurance coverage to cover all repair and costs can I take this person to small claim to pay for the remaining balance?

Earl Straight · Answer

Usually the insurance company in that situation will have you sign a release or put release language on the check which basically states that you accept said amount as full payment for any and all property damage claims.  If you signed a release you will not be able to pursue additional damages against the insured.

Josh Lamborn · Answer

If the damages exceed the policy limit on the insurance, the insured party is liable for whatever is left over (assuming they are 100% responsible for the damages).  Yes, you can sue that person for the remaining balance. However, your insurance likely has a provision for under insured motorists. You may be able to make a claim against your insurance to recover the balance that is owed without having to file a lawsuit.  This is why your pay an insurance premium and it is the easiest way to be made whole in this scenario.  Take a look at your policy and see if you are covered for under insured motorists and up to what amount.  Then contact your company and open a claim.

Jeffrey Wittenbrink · Answer

If the insurance company did not require you to sign a release to obtain the check for the repair of the vehicle repairs, you may take the person to court for the excess.  Normally the insurance company will defend their insured to the extent it takes for you to accept a settlement within the policy limits, and will not write a settlement check unless you sign a release.

David Stoddard · Answer

If you did not sign a release settling the entire claim when you accepted the insurance payment you can. However, it is often difficult to collect a judgment against an individual where the individual has no insurance to cover the damages.  You may also have underinsured motorist coverage or collision coverage that would pay the difference.

Steven D. Dunnings · Answer

If the other driver was covered by no fault insurance, you can only recover up to $500 of the deductible of your insurance.  This e-mail is covered under the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged.

Bernard Huff · Answer

Yes, you can. You should at least consult with an accident attorney if you cannot retain one to also re-examine the amount of insurance coverage the other driver carried. This does not appear to be a personal injury matter since only property damages resulted from the collision.

Paul Whitfield · Answer

Depends on whether you signed some kind of release. It does not make sense that there is not enough coverage. Surely there is coverage to cover property. They may not want to pay you what you think the damage is. That may be your problem. In any event you can sue in the county where the defendant lives.

James Kelaher · Answer

There is no reason you can't, so long as you didn't accept the property damage policy limits from the insurance company and give them a release.

Andrew Velonis · Answer

Yes, unless you signed something stating that you will make no further claim.  The other driver may claim that you are inflating your alleged damages and claiming additional costs for which he is not legally liable.

Michael L. Aaronson · Answer

Yes you can take them to court and you may obtain a judgment for the amount owed to you. The problem is that this individual will have to be liable to you individually so that any money paid must come out of his own pocket, making it somewhat difficult to collect such damages.

Eric Chandler · Answer

Yes and no.  In theory, you could sue the driver; however, If you received any money from the insurance company, you likely released the driver from any further liability regarding property damage.  Otherwise, the insurance company would not have paid you.

Jared Altman · Answer

Probably not because before the other driver's insurance company paid you they almost certainly had you sign a release that you can't now sue their insured. If they didn't, then go for it.

William Allen · Answer

The credit belongs to the man who spends himself for a worthy cause who, at the best, knows in the end the triumph of high achievement and who, at the worst, if he fails, at least he fails while daring greatly.

A. Woska · Answer

Excellent question. If you were in a car accident, ruled not your fault, and the other motorists insurance was too low to cover all of the damage he caused, you may be able to initiate an action against the other driver in court. However, that cannot be answered until an attorney sees all the documents, materials  and pictures in your possession. You may have accidently signed a release and waived basic and important damage claims. If there has been no signed waiver you should be able to hire a contingency fee attorney to sue Khorrami.

Steven Fink · Answer

You can unless the release you signed with insurance company to get proceeds prevents you from suing other driver.

Thomas Bulman · Answer

Minimum liability insurance is $25,000.  What vehicle was destroyed or damaged and how much deficiency do you claim?

Mark Leonardo · Answer

If you signed a release to get the check, then probably no.  If you did not sign a release, then you can sue.

Gary Burger · Answer

Yes you can. But make sure you did not sign a release.

Christopher Thayer · Answer

Yes, unless you signed a release. You may also have rights to make a claim with your own insurance company - if you have what is called Under Insured Motorist (UIM) coverage.

Todd Rayan · Answer

Yes you can seek recovery from the other driver personally for amounts due above their coverage. Not sure small claims court is the proper forum though. Minimum coverage is $25k in Washington and the max amount in small claims court is $5k. If you fit within the limit then you can bring the action in small claims.

Eric Rothstein · Answer

Don't sign a release or you will be giving up your right to sue in exchange for whatever money the insurance company agreed to pay you.

Lyle Masnikoff · Answer

Yea but may not be worth it if you can not collect.

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Can I take the other driver to court if their insurance did not cover all damages?

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