Q: Does signing a settlement agreement w/your auto insurance company mean you can't sue the other driver for other costs?
I was rear-ended in my mom's car she lent me for a few months in Florida while I was stopped at a red traffic light by a large pick-up truck. No injury claims. Her insurance company said the car is a total loss, said repair estimate was 85% of ACV. They offered 2 different settlements.....$9677 to turn the car over to them or $7733 to keep the car, but the title would be stamped "salvage", so she would have to rebuild it and have it pass inspection in CT, where the car is registered, to be able to drive it again. In either scenario, can she still go after the other driver for losses and costs not covered by her insurance company's settlement amount? And if so, would she, as the car's owner, or would I, as the driver at the time, be the one that would be suing the other driver? Also, if she drops the claim with her insurance company and instead files it directly with the other driver's company, would they have to pay whatever it costs to fix the car or can they total it, too?
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