Can I pursue additional compensation by suing the vehicle owner after the insurer offered policy limits?

Personal Injury

Angelo M

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Normally, if the driver himself has little to no collectible assets, the insurance payout is often the ceiling of what can realistically be obtained.

However, your case has an important detail. You mentioned that the vehicle was owned and insured by the father, and the driver was listed as an insured under the same policy. That can potentially allow the father to be held jointly liable. Ownership of the vehicle and the insurance policy can extend liability beyond the driver. If the father owns multiple properties or other assets, then there may be a realistic chance of recovering more than the insurance limits.

Regarding your attorney, the fact that you were not informed for two months about the sworn statement and background investigation is concerning. Lawyers have a duty to communicate with their clients and keep them informed about important developments. When that does not happen, it can undermine your ability to make informed decisions about your case.

Your investigator’s findings could also be significant. If the defendant provided incorrect information under oath—such as giving a false address or hiding assets—that could affect his credibility and may justify further legal action or sanctions.

The practical challenge is that many attorneys are reluctant to pursue cases once the insurance policy limits have already been offered, because recovering additional money requires significant effort and there is no guarantee of success. However, if there is evidence that the father owns assets and may have legal liability, it may still be worthwhile to file a lawsuit and include him as a defendant.

I would recommend asking your current attorney in writing for a clear plan: whether he intends to pursue the father as a defendant, what steps he plans to take next, and how he plans to preserve potential assets. If he cannot give you a clear answer, you may consider replacing him with another attorney who specializes in serious injury cases and asset recovery.

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Hello lawyer. I was in a car accident in January. I was a pedestrian and was hit by a car while crossing the street. My spine and knee were fractured. At the end of May, the other party’s insurance company offered to settle for the policy limit of $100,000, but I believe my losses are far greater than $100,000, so I refused to settle. However, my lawyer refused to pursue further action on the grounds that the other party had already offered the maximum policy amount. At the same time, the lawyer asked the other party to make a sworn statement saying that he only had $2,000 in savings, but he refused to provide information about his investments. In June, the lawyer also conducted a background investigation of the other party, but none of the sworn statement or background investigation materials were shared with me. During this time, I tried to find other lawyers, but they were unwilling to take the case because they believed there was no money to recover. In August, I asked my lawyer whether there were any background investigation materials about the other party. Only then did the lawyer send me the sworn statement and background investigation materials, but by then it had already been two months since those were obtained.

Lexi, Chatbot

I understand that this accident has caused you a lot of pain and distress. Are you considering continuing to pursue compensation or possibly changing lawyers? Is communication with your current lawyer smooth, or are there aspects of their handling of the case that have dissatisfied you?

I hired a private investigator to look into the matter and discovered that the address the other party gave in the police report does not match where he actually lives. The car he was driving belongs to his father, and the car insurance was also purchased by his father. The driver is listed as an insured person on the same policy, so the father may likely have joint liability. In addition, the investigator found that the father owns several properties, but the properties found differ from those listed in the background investigation materials. I told my lawyer that the father might have joint liability. He asked me if I wanted to sue the father. I said yes. He said he would have the investigator look into it, but I have not received any response yet. I feel that the lawyer only wants to make easy money. Because of his inaction, the other party has had enough time to transfer assets. The sworn statement even said it was made to speed up settlement, but this was not told to me. In reality, it let the other party know that I was unwilling to settle, which may have accelerated the transfer of assets. I want to change lawyers because if the father knows I plan to sue him, he may also transfer his assets.

Angelo M

Greetings! I hope this message finds you well. I’m thrilled to have the opportunity to assist you with your situation and provide you with the support you need. Thank you for your patience, and I look forward to working with you.

Angelo M

From what you described, the insurance company has already offered the policy limits, which in this case is $100,000.

Angelo M

Normally, if the driver himself has little to no collectible assets, the insurance payout is often the ceiling of what can realistically be obtained.

Angelo M

15,687 satisfied customers

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