Suing again for an aggravated old auto accident injury

An uninsured driver hits a driver with insurance causing injuries that

seem minimal...knee and hip.  The uninsured driver calls the insured

driver's insurance and opens a claim.  The uninsured driver is found

to be completely at fault.   The insured driver hires an attorney who

collects from the uninsured motorists protection  on the insured driver's

policy but the claim is closed too soon and the injured party starts

having difficulty walking without continued treatment and nerve issues

start to surface several months later.  Even though the first claim

was settled,  can the injured party sue the uninsured driver since

the the insured driver's insurance company was stuck paying damages

for the uninsured motorists responsibility and the only penalty the

uninsured driver received was a suspended license? This isn't out

of revenge but true continued pain from the accident?

tweemz:

can the injured party sue the uninsured driver

Depends on the wording of the release that the injured driver signed at the time of the settlement.

If you signed a release that starts off something like this:

• KNOW ALL MEN BY THESE PRESENTS:
•  That the Undersigned, being of lawful age, for sole consideration of ______________________...($________), __________________do/does hereby and for my/our/its heirs, executors, administrators, successors and assigns release, acquit and forever discharge __________________and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, liens, attorneys’ fees, expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about ______________________... at or near ______________________..., CA.

Then the answer is no, you cannot go after the responsible driver for more money.