How can I get a fair settlement from an insurance company?
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How can I get a fair settlement from an insurance company?
I was in a car accident. It was not my fault. I had owned the car less than 2 months, and it was totalled. The other insurance company valued my car low. They didn’t include all the options it has and compared it to lower models. I have provided them all the info on the car. They aren’t willing to negotiate a fair settlement and are ignoring my calls. At this point I have made more car payments on no car then when I had it. If I take what they are offering I will have no car and no money to purchase another. What can I do? I’ve thought about taking the guy who hit me to court, but im not sure where to
begin.
Asked on June 29, 2017 under Accident Law, Utah
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Your only recourse when you are dissatisfied with the settlement offer from the at-fault party's insurance carrier is to reject the settlement offer and sue the at-fault party for negligence.
You may be able to file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs such as the court filing fee and process server fee. You can enforce the court's monetary judgment in your favor with a wage garnishment against the at-fault party.
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