their offer of 10,000

[stairman]

What is the name of your state (only U.S. law)?california

The insurance company for the defendant that was 100% at fault has offered 10k for my trucks replacement but it was worth more then that.I also have other expenses like medical bills,towing ,storage,medical bills,loss of work ,pain and permanant damage to my shoulder and car rentalThey say the driver only had 10 in protection do I get screwed or do I have to take him to court?He also had 50k in bodily injury coverage.

If I have to sue him directly and the accident was in an area 150 miles from either of our homes where do I file?

 

[ecmst12]

You have 2 separate claims. You have a Property Damage claim which is for your vehicle, towing/storage, and reasonable rental. Apparently the max they have is $10k. If you want to try to sue them personally, you have to REFUSE the $10k from the insurance company, hire a lawyer, and go to court....where you may or may not get a judgement for more then 10k, a year or 2 from now, and where you may or may not ever be able to COLLECT on that judgement even if you get it.

Basically, it usually does not make financial sense to try to sue for more then the policy limits. The practical thing to do is take the $10k and live with it. But it's really up to you. Your legal fees, if you were to try to sue, would far outweigh any additional money you are likely to get.

Now your injury claim is totally separate and has nothing to do with the property claim. You can settle the property claim and THEN pursue the injury claim when your treatment is complete. The injury claim includes all medical bills, lost wages, pain and suffering, and compensation for permanent disability. If your injuries are serious, it is usually best to at least talk to a lawyer. The $50k limit on BI should be more then enough unless you actually lost an arm or required multiple surgeries or something like that.

 

[latigo]

Stairman:

Let me ask you a couple of questions.

(1). Would you allow a person to tend to your personal injuries knowing that he or she hasn’t graduated from a medical school nor ever been certified as having special medical knowledge or skills?

(2) Would you seek information as to your legal remedies and options in recovering compensation for your injuries and medical expenses from a person knowing that he or she had neither a law degree nor been certified as having special knowledge or legal skills?

____

It is true that in many of these tort claim cases the accident victim can come out ahead by settling with the liability carrier rather than engaging an attorney to prosecute a lawsuit.

But how is a layperson such as you going to know that he or she hasn’t left something on the table without fully understanding their legal rights and options. Certainly not by taking the bias advice of the claims adjuster paid by the liability insurance company! Which is the sum total of ecmst12’s limited experience in these matters.

(That would be like the Saint’s defensive coordinator, Gregg Williams asking the Colt’s offensive coordinator, Tom Moore how to defend Peyton Manning.)

There are any numbers of experienced tort claims lawyers in your area that will sit down without charge and review those options with you. Then you can make an informed decision as how to proceed.

But bear in mind that in California you have but two years from the date of the accident within which to file a court action. And if the accident took place in California and the defendant resides in California, the proper venue would be in the county where the defendant lives.

 

[ecmst12]

Besides working for an insurance company (which I don't anymore) I have dealt with quite a few accidents myself (more then I would like, for sure) some of which were my fault and some of which were not. So I've been on all sides of accident claims and dealt with lots of different companies and circumstances. I don't claim to be a lawyer but I am an experienced and knowledgeable layperson. I am CERTAINLY not biased in favor of insurance companies nor do I support people who don't carry enough insurance coverage or insurance companies who don't deal fairly with unrepresented claimants. And unlike SOME people, I actually ANSWERED OP's questions instead of just trying to put down other posters.

One thing I did forget to mention is that if you have underinsured motorist property damage coverage, or collision coverage, on your own policy, you will be able to recover from that, whatever property damage loss that exceeds the other driver's coverage. If your vehicle is really worth more then $10k, it would have been foolish to not carry collision coverage. If you claim on your own insurance, all you'll be out is your deductible, and most likely your insurance will refund that to you in full after recieving the $10k from the other party's insurance, so you wll be out nothing in the end.