QUESTION
If the insurance company doesn't want to pay a fair amount, can I accept the offer and also sue the individual for more?
Asked on Jun 13th, 2013 on Personal Injury - Florida
More details to this question:
I was in a car accident 2 months ago where the other driver was found at fault.
14 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No. If you settle you settle.
Answered on Jun 15th, 2013 at 6:44 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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That would more than likely be a "negatory, good buddy". The insurance company is unlikely to pay any money without you signing a Release of All Claims. Such Release would more than likely release their insured (the only reason they would pay money is due to insuring the other driver/owner, not because they owe you anything directly) which would prevent you from bringing future claims against the insured.
Answered on Jun 15th, 2013 at 6:44 AM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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No, they will require a release of liability.
Answered on Jun 15th, 2013 at 6:44 AM
1 Award
If you settle with the insurance company, the company will require you to sign a release that will end your claim against the insurer and its insured. If you want more money, you will not be able to settle with the insurance company.
Answered on Jun 15th, 2013 at 6:44 AM
Personal Injury Attorney serving Beverly Hills, CA
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Hyp Law Group
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You need t contact an attorney in order to get full value for your case.
Answered on Jun 14th, 2013 at 12:35 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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NO, you cannot do what you suggest. First, if you have a disagreement over the fair amount of damage to your car, you can negotiate with the insurance company over damages (although you have little chance of getting a fair offer without an attorney). If the insurance company refuses to offer more and you ACCEPT their offer, you will be required to sign a legal release of all liability before you get the money. The release protects the insured (the other driver) from any further claims arising from the accident, so you CANNOT accept money from the insurance company then sue the driver.
Answered on Jun 14th, 2013 at 12:06 PM
James Eugene Hasser
No. You can't have your cake and eat it too. They will require you to release the other driver before they give you any money.
Answered on Jun 14th, 2013 at 10:34 AM
NA richard@jandjlaw.com
In a word, no. If you settle, the insurer will require you sign a Release of ALL claims.
Answered on Jun 14th, 2013 at 10:09 AM
Insurance Defense Attorney serving San Bernardino, CA
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Ricks & Wear, PLC
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No because the insurance company will not send you the settlement draft without getting you to sign the release of all claims against their insured.
Answered on Jun 14th, 2013 at 10:05 AM
Ronald A. Steinberg
No. You will have to sign a release.
Answered on Jun 14th, 2013 at 10:05 AM
Workers Compensation Attorney serving Oakland, CA
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Farber & Foote, LLP
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Generally you cannot. They will likely ask you to sign a release that also releases the insured. You should contact a PI attorney in your area.
Answered on Jun 14th, 2013 at 9:46 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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No you can not. Settlement with the at fault driver?s insurance policy carrier prevents you from filing suit.
Answered on Jun 14th, 2013 at 9:40 AM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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If you settle with the insurance company for your med's and pain and suffering, then they will require a release against their insured.
Answered on Jun 14th, 2013 at 9:15 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No, if the insurance company pays you money, they will require you to execute a release in favor of its insured.
Answered on Jun 14th, 2013 at 8:52 AM