Do you have UM insurance on your vehicle, for both property damage and personal injury? If the adverse driver's insurance is not enough you can make a claim against your own UM policy. The driver of the other vehicle is responsible for all damage caused, but you cannot settle with his insurance carrier and then go after him IF you sign a release of claims form with the insurance carrier. It is their job to make sure if they pay you, that is all you get from not only them, but their insured. If you want full value of the property damage from him, you will have to take him to court which will also get his insurance money and a judgment against him for whatever is left if you prove it. However, the question would be, does he have the money to pay for it if you do get a judgment? You might be better off making a claim against your own UM insurance.
Answered on Oct 23rd, 2012 at 3:55 PM