Chevychase
Junior Member
1. I am California resident. Last year my dad was hit by a reckless driver while crossing road on crosswalk. My dad was in deep coma for 10 days. He passed away after 10 days.
2. The criminal law suite gave the reckless driver - 350 hours of community service *Unmonitored* and no jail time although he was at 100% fault. I did not file civil lawsuite.
3. Any ways his insurance company gave 59K as compensation.
We signed waiver with insurance company stating that they are not responsible for any further claims.
4. Hospital bill for my dad's treatment for 10 days is 300K+.
5. The criminal lawsuite is nearing end. Sentencing part is done. Restitution is still remaining.
6. Deputy DA advised me that even though I have signed release letter to Insurance company of defendant waiving all future claims law still says that defendant is responsible for all the expenses. And court could order restitution. He says law is Crystal Clear about this.
7. Deputy DA advised me to look into 2 options
Option 1. I can hold defendant responsible for all expenses.
Option 2. Since Insurance company did not show up in the court to defend the defendant it could become a case of bad faith. Defendant can assign me the case against his insurance company.
8. I need to decide on option 1 or Option 2.
The restitution hearing is on 26 th Jan. Please help me.
2. The criminal law suite gave the reckless driver - 350 hours of community service *Unmonitored* and no jail time although he was at 100% fault. I did not file civil lawsuite.
3. Any ways his insurance company gave 59K as compensation.
We signed waiver with insurance company stating that they are not responsible for any further claims.
4. Hospital bill for my dad's treatment for 10 days is 300K+.
5. The criminal lawsuite is nearing end. Sentencing part is done. Restitution is still remaining.
6. Deputy DA advised me that even though I have signed release letter to Insurance company of defendant waiving all future claims law still says that defendant is responsible for all the expenses. And court could order restitution. He says law is Crystal Clear about this.
7. Deputy DA advised me to look into 2 options
Option 1. I can hold defendant responsible for all expenses.
Option 2. Since Insurance company did not show up in the court to defend the defendant it could become a case of bad faith. Defendant can assign me the case against his insurance company.
8. I need to decide on option 1 or Option 2.
The restitution hearing is on 26 th Jan. Please help me.