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QCan I accept accept a settlement from an insurance co. and sue the person responible for the rest?

Two of my cars that hit while parked at his home by a drunk driver and co -insurance. only has $ 5,000 to spend on this accident my car was decleared a total loss and I am waiting to hear of a stroke adjuster . My car is worth according to KBB , Edmunds and NADA at least $ 4500 my husband car will have $ 1,600 to fix . If no settlement that Losse accept my right to sue her?

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#1MickeyAnswered at 2013-04-28 07:39:46
The agreement not to bring future claims would be between you and the insurance company of the other party . If the insurance company pays , they will want you to agree not to sue in the future. However, this point is moot if you pay $ 5000, which is the full extent of their responsibility. You can not get more money from them because they will only pay up to $ 5000 . You would be free to sue the owner of the other vehicle directly , however.
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Can I accept accept a settlement from an insurance co. and sue the person responible for the rest?

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