Can I sue the driver of the other vehicle even though I settled with my insurance and am I entitled to anything from them? 11 Answers as of January 30, 2014

I was in a car accident where my boyfriend was driving our car. Our car and another car entered an intersection at the same time. They could not determine who was at fault. I had a fractured pelvis and spent a night in the hospital and then a couple of months recovering. I settled with my car insurance, but now a passenger in the other vehicle is suing my boyfriend and the driver of the other vehicle.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Carl L. Brown | Carl L. Brown
You may file a lawsuit depending on when the collision occurred and other factors not addressed in your question.
Answer Applies to: California
Replied: 1/30/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
If you didn't sign a release, you may be able to pursue a claim (cross-complaint). Give the papers that were served on you to your insurance company, but retain a lawyer as soon as possible so that he can coordinate with the co.
Answer Applies to: California
Replied: 1/24/2014
Wayne J. Wimer, Inc. P.S.
Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
You can sue the other driver unless your insurance company compromised your claim against the other driver. If you signed no releases whereby you released the other party, you have the right to sue.
Answer Applies to: Washington
Replied: 1/24/2014
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Not enough info here. you settled with your own co for what? On what basis? Med pay? Liability? What? I assume you signed a release. Do you know what you signed? Do you have a copy? If so, read it. get you a lawyer if you are confused as I am.
Answer Applies to: North Carolina
Replied: 1/27/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Yes, I think you probably can, but I cannot answer what you would be entitled to without knowing more facts. It sounds like you need to talk with an experienced personal injury lawyer.
Answer Applies to: Alabama
Replied: 1/24/2014
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    Although you have not provided enough detail for me to be certain, my preliminary opinion is that you still have the right to sue the other driver.
    Answer Applies to: Iowa
    Replied: 1/24/2014
    Ty Wilson Law
    Ty Wilson Law | Ty Wilson
    It depends. You will need to provide additional details. If you settled with your insurance it indicates that the other insurance may have denied the claim and you filed on your uninsured/underinsured motorist coverage. However, that is not clear from the information you provided. You should speak with your attorney, depending upon what you have signed off on you may still have a claim.
    Answer Applies to: Georgia
    Replied: 1/24/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    Anyone can sue. To recover as a driver, you must not be at-fault. A passenger recover from the driver only if the driver was negligent. If the driver was not negligent, the passenger's only initial recovery would come from the at-fault driver.
    Answer Applies to: Illinois
    Replied: 1/24/2014
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You need to look at the release you signed when you settled with your own insurance. It might contain what is called an "assignment of benefits" where you assigned to your insurance company your right to pursue the other driver. If you did, then you cannot sue the other driver. If you didn't, then you can sue the other driver.
    Answer Applies to: Florida
    Replied: 1/24/2014
    Law Office of Joseph M. Morelli | Joseph M. Morelli
    That is a difficult question to answer without knowing more facts. I suspect that your settlement with your insurance company was for bodily injuries you suffered. That would be a claim against your boyfriend for his negligence in causing the action. If you believe the other party is partly responsible for the accident as well, you may make a claim or file suit. Generally speaking, you would only be entitled to recover the percentage of the other driver's negligence compared to the full amount of your damages. (If your damages were $1000 and your boyfriend and other driver were 50% responsible, you would get $500 from other driver.) Of course, you likely signed a release to settle the claim with your insurance carrier and that "General Release" may be fatal to your claim as you may have released all parties for all damages you suffered from the accident. You will need an attorney to review this matter.
    Answer Applies to: Pennsylvania
    Replied: 1/24/2014
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    In Michigan you may make a claim/file suit against any negligent driver/owner that caused you to suffer a serious impairment of a body function. In your facts, you can make a claim against the driver/owner of both vehicles. You do have to prove negligence and threshold injuries. A complication that could exist in your case would be any Release you signed to obtain monies against your boyfriends insurance company if the language in same is over broad it could be construed to have released the other vehicles driver/owner. So you would need to read the Release or have a lawyer look it over for you or just make the claim and see if the other side even brings up such a defense.
    Answer Applies to: Michigan
    Replied: 1/24/2014
Click to View More Answers: