Mediation, Arbitration, and or Litigation?
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Mediation, Arbitration, and or Litigation?
Within this year my building was struck by a vehicle vehicle ‘1’ which was
caused by a traffic collision from another vehicle vehicle ‘2’. ‘Vehicle 2’ was
shown to be at fault , which such insurance company has agreed in processing a
claim. The claim offered is substantially Tens of Thousands lower than cost of
repairs presented by a licensed and bonded contractor repairs have been
completed.
The insurance company claims the policy limit has been met, and no other
resources / solutions can be drawn.
My Question What is my best means of solution in recovering loses from ‘Vehicle
2′, if any?
Asked on July 18, 2017 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You sue vehicle 2's driver (and also owner, if the driver was not the owner; the owner of a vehicle is liable, too, when someone whom they let drive was at fault). Any limitations on insurance do NOT limit how much the insured has to pay--it just limits how much insurance will pay for him or her. But if you sue him or her in court and prove his or her fault, you can get a court jugment (basically an order) requiring him or her to pay. He or she will have to pay out of pocket the difference between the judgment and the amount you have received from insurance (you can't double collect).
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