auto insurance claims offer

[carlzdmand]

What is the name of your state?What is the name of your state?What is the name of your state? california
Hi all! can someone answer my concerns pls?
A woman sidesweep and hit 2 of my cars including 1 of my neighbor's that were all parked on the street in front of my house. One of my car has full coverage under Allstate. It was totalled and paid by Allstate for its cash value. The second car has only liability insurance under Allstate and I have to demand that woman's insurance company (Sterling Casualty insurance) to pay me for the damage. Now the woman's policy only has $10,000. property damage limit per accident. However, the total cost of the damages ( Allstate subrogation for my first car, plus my second car's damage cost plus my neighbor's car damage cost) was higher than the woman's property damage limit for that policy.
Sterling Casualty offers me 32% of $10,000. which is far less than the amount that I should be paid as shown on their appraisal of my second car that was totalled by them. Now they will pay me the offered amount but want me to sign the release form first that I have to aggree not to pursue any claims or file further lawsuit to their insured person. Can I sue the sterling insurance to pay me the exact amount even though there's only $10,000 limit for that woman's policy? If not, then I wanted to file a small claims for the woman to pay me the difference of what the actual cash value of my car as appraised and what her insurance will pay me, but if I sign that release form, I can't sue them, and if I don't sign the form, they will not pay me the money because its part of the offer, what should I do? What if the woman doesn't have the money to pay me the damage, what can I do? Should I just accept their offer, sign the release form and forget about my losses? pls I need your advise.

carlzdmand

[stephenk]

you can't sue her carrier, you can only sue her.

you can file a lawsuit against the other woman directly to seek all of your damages. her insurance carrier will defend her by providing an attorney. You will most likely have to represent yourself since most attorneys will not work on a property damage case unless you pay them an hourly rate.

if you accept the amount her carrier is offering you will be required to sign a release and you will not be able to go after her for any amount above what her carrier is paying you. you can demand that the woman contribute toward any settlement through the carrier but if she does not have any assets you are out of luck. you can also demand that the woman sign a declaration under penalty of perjury indicating that she has no other insurance or assets. if that happens you should cut your losses and take the money.

why didn't you have collision coverage on the second car? how much is that car worth?

[carlzdmand]

stephenk, thanks for your reply. That car is worth $3,700 on their appraisal plus $745. cost of 1 month car rental as we've aggreed with their adjuster. Unfortunately, I didn't think of possible problems with that cars worth under just liability insurance when accident happens. Now I realized I should have ask for a full coverage.
When you say, I can demand that woman to contribute, what exactly I have to do? Should I call her or write a letter? or make a deal with her insurance carrier to let her contribute? or you mean in small claims court that I will request to the judge for demand of contribution? In case, I will not accept the money, and not sign the release, then I go to small claims court, and the judge give it in my favor, but the woman has no money or assets, could I still ask for the initial offer? or I could end up with nothing. Whats the worst case scenario I could get? pls reply.