[jgoldman77]

My wife was hit by another driver on September 5, 2006. The other driver's insurance company (State Farm) claimed full liability and has paid just over $7,000 to have the damage repaired on our 2001 CR-V (probably only worth $10,000). We got our vehicle back in late November after 3 rental cars, and an unbelievably frustrating time dealing with the repair shop, appraiser, and both insurance companies.

Initial damage estimate was $4500, there was a $2000 supplement, a $350 betterment on the axle shaft, and our $500 deductible. All was paid by State Farm, but of course we did not see any of it. My wife was not injured and the car has been repaired to our satisfaction.

My wife received a subpoena to appear as a witness for the state's case against the other driver. He did not show up for court. My wife received a second subpoena for a new trial and again he did not show. The judge suspended his license. My wife missed two days of work for this.

Basically, we feel we should get a minimum of $3000 for diminished value, pain and suffering, emotional distress, lost wages, and general inconvenience (I know these are not all legally substantive claims). State Farm has offered us a $1000 settlement. Can you offer any advice? Should we consider bringing suit against State Farm? We can't sue the other driver because he obviously does not show up in court!

[ScottGem]

Ok, First did you sign anything with State Farm accepting the repairs as full compensation? You may not have realized you were doing so, but you may have. In that case, you are probably out of luck.

If you didn't sign anything, then, by all means put in a claim to State Farm and see what they say. You said something in the other thread about a $1000 settlement, is that their counter offer to your $3000 claim?

If you decide to sue, you WOULD sue the other driver. Both him and State Farm would be named as plaintiffs. Of course he won't answer the subpeona. Even if he did, State Fram would have to cover him for the liability. But you still have to name him in the suit.

I'm just not sure whether you can substantiate the costs other than lost wages. So I think the $1K is a reasonable offer.

[jgoldman77]

No, we have a Full and Final Release for $1000 (for pain and suffering), but we have not signed it yet pending the outcome of our claim for diminished value. We had a diminished value appraisal done and it came out to $2200. We are awaiting their answer on that one, so hopefully the total would be $3200 - however, the diminished value guy from State Farm was not optimistic, since he said the repairs were done to our satisfaction. Doesn't make sense cause the quality of repairs shouldn't impact a loss in value - our car still had major internal and external work done quality aside.

Lost wages would only be a few hundred dollars on top of the total amount. So if we did sue, it would only be for no more than $4K.