Why suits against ordinary drivers are rare
Injury claims are, practically, claims against insurance — chasing an individual beyond coverage is slow and usually pointless, so plaintiff attorneys settle within limits in the overwhelming run of cases. The system funnels toward your policy, not your house.
What your insurance actually does if papers arrive
Two duties people forget they bought: defense (your insurer hires and pays the lawyers) and indemnity (it pays covered judgments to your limits). A summons goes to your carrier the day it arrives; your job is mostly cooperation.
Where the worry is legitimate
- Driving uninsured — no defense, no indemnity, personal exposure for everything, and Prop 213 strips your own pain-and-suffering rights as a victim too.
- Minimal limits, serious crash — 15/30 doesn't go far; excess judgments can reach assets. Umbrella policies exist for exactly this, and in a town of long commutes they're cheap peace of mind.
- DUI or egregious conduct — punitive damages aren't insurable, which makes the driver personally interesting to sue.
The two-year shadow
The statute of limitations lets injury claims arrive up to two years later — so a quiet crash can produce late paperwork. If yours was serious and silent, notify your insurer properly and sleep anyway: late suits against insured drivers land on the carrier's desk like early ones. And if you were the injured party reading this page from the other side, here's how claims actually get paid — or get your own read free.
