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dahumble1 · Mar 12, 2013, 10:22 AM

Hi I got into an car accident a month ago. I got rear ended and the insurance company only wants to pay 50 percent of the estimate. I know when you get rear ended I get 100 percent not 50. So how would I sue the insurance company. I have the police report and everything. Is 100 percent his fault and there is no injuries involved.

smoothy · Mar 12, 2013, 10:45 AM

What state and country would this be in?

And they gave you 50% of what? It matters... you don't get the full value of the car unless you just drove it off the lot.

If its totaled you should get 100% of what its estimated vaule was before ethe accident... based on milegage and general condition and average value of that model. Not what you might think its worth... unless you can prove its really worth more.

Now you don't HAVE to accept that check if its not up to those accepted, In fact I've done that before... my car wasn't totaled but I siad, these are my estimates... this is what it costs to fix... not what you claimed... and told them you can either pay me... or deal with my lawyer.

I'm also assuming you didn't have full coverage on your car... only liability.

ebaines · Mar 12, 2013, 10:52 AM

One option to consider is to use your own insurance companty to go after the other driver's insurance company. Your company can handle the entire process, and should be able to give you a pretty good indication of whether they see any problem getting the full 100% from the other person. The advantage is it relieves you of having to fight on your own, and your company knows how to get around whatever BS the other company is trying to throw in the way. It costs nothing, and assuming that indeed the accident is 100% the other person's fault won't affect your insurance rates.

ScottGem · Mar 12, 2013, 01:53 PM

Who's insurance company? What estimate? Where are you? If you want our help you need to provide details.

Did you file a claim with your insurer or just his? Did you get the estimate from an approved body shop? Did their claims examiner offer an estimate?

fredg · Mar 12, 2013, 02:06 PM

I am not a lawyer, but I think you need to see one. He/she could find out all the information, and make a good suggestion for you as to what to do next. Good luck.

ebaines · Mar 12, 2013, 02:11 PM

Originally Posted by fredg

I am not a lawyer, but I think you need to see one. He/she could find out all the information, and make a good suggestion for you as to what to do next. Good luck.

No need for a lawyer, at least not yet. As noted previously - get your own insurance company to help you out that may just do the trick.

ScottGem · Mar 12, 2013, 03:57 PM

Originally Posted by fredg

I am not a lawyer, but I think you need to see one. He/she could find out all the information, and make a good suggestion for you as to what to do next. Good luck.

That's what people pay insurance for. The OP's insurance carrier is responsible for making the OP whole. They should also provide an attorney if one is necessary.

Please don't give advice you know nothing about.

Alty · Mar 12, 2013, 04:36 PM

Hi I got into an car accident a month ago. I got rear ended and the insurance company only wants to pay 50 percent of the estimate. I know when you get rear ended I get 100 percent not 50. So how would I sue the insurance company. I have the police report and everything. Is 100 percent his fault and there is no injuries involved.

A few questions. I'm assuming from your post that the car wasn't totaled, that it can be repaired. Did you get at least 3 estimates from different repair shops and turn them in to his insurance company?

Did they send you a cheque for 50% of the repairs, or did they send you something in writing stating that this was all they would pay for?

Your general location would also help (not your exact address, but State, province, country, would help us give a better answer).

Last question. If they sent a cheque, did you cash it? If you didn't, don't! Did you sign anything saying you agree to their settlement?

dahumble1 · Mar 12, 2013, 04:45 PM

I lived in queens New york. My car was at a approved body shop. They approved price was 2200 dollars. They offer me $1100. They send me a letter saying once I signed it I can't sue them. I didn't sign anything yet. That's why I want to know if I can take them to small claims court. And yes I don't have full coverage or else I would have went through my insurance company to got it done.

Wondergirl · Mar 12, 2013, 04:48 PM

Originally Posted by dahumble1

And yes i dont have full coverage or else i would of went thru my insurance company to got it done.

What coverage do you have? Which company? He hit you, so you really need to tell your insurance company so they will check up on his company. Do not sign anything!

Alty · Mar 12, 2013, 04:51 PM

Originally Posted by dahumble1

I lived in queens New york. My car was at a approved body shop. They approved price was 2200 dollars. They offer me $1100. They send me a letter saying once i signed it i can't sue them. I didnt sign anything yet. Thats why i want to know if i can take them to small claims court. And yes i dont have full coverage or else i would of went thru my insurance company to got it done.

Approved body shop? Approved by his insurance company?

This is a bit strange to me, but it may be a matter of difference in location, as insurance laws are different state to state, province to province etc.

I'm sorry if I'm asking a lot of question, but I have a few more. Are you saying that they approved the body shop you took the car to? Were they also given an estimate for the repairs? If so, was that approved by the insurance company as well before the work was done, or did you not get approval for the repairs, just hoped that they'd be fair and pay for the entire thing?

dahumble1 · Mar 12, 2013, 06:12 PM

I have Geico insurance.. Only liability. My insurance can't really do anything for me since I only have liability.

ScottGem · Mar 12, 2013, 06:18 PM

So what insurance company does he have? What is their explanation for only offering you half?

If they refuse to pay, then yes you will have to sue.

dahumble1 · Mar 12, 2013, 06:28 PM

Yes Aprroved by his insurance company. $2200 but only wants to pay 1100 saying is not 100 percent their fault, I was going 5 miles an hour due to traffic and he just rearended me . Yes I want them to pay for the entire thing because is not my fault.

Wondergirl · Mar 12, 2013, 06:47 PM

Originally Posted by dahumble1

I have Geico insurance.. Only liability. My insurance can't really do anything for me since i only have liability.

Your insurance company watches his insurance company to make sure his company pays a fair amount for your damage. Your liability coverage is if you hit HIM. You did not hit him. He hit you. He has liability coverage to pay if he hits YOU.

Collision coverage is for your company to pay you. You do not have that. We don't care. HE hit you. HE pays. His liability pays you.

Call your insurance company agent and report this. Your insurance company will protect you from his company cheating.

smoothy · Mar 12, 2013, 06:52 PM

I don't know the state law in NY... but here in Virginia... if there is an accident... I get to pick what shop does the work on my car... no matter WHO is at fault... and where I get an estimate from... the insurance company has no legal right to demand otherwise... they can however ask you or recommend you... and if you don't know better and do go... then its on you... Not all states are like that unfortunately.

ScottGem · Mar 12, 2013, 07:38 PM

One advantage of using an insurer's recommended shop is the insurer will accept any repairs that need to be made. Often, some damage does not come to light until the car is taken apart.

In most states one can go to a shop of their choice, but the insurer can then pay only the estimate given by their claims examiner.

But in this case, the insurer is trying to deny their insured's liability. Geico may be able to help you get them to pay without your going to court. But if they refuse to pay the full cost, then you will have to sue.

Alty · Mar 12, 2013, 08:00 PM

Originally Posted by dahumble1

Yes Aprroved by his insurance company. $2200 but only wants to pay 1100 saying is not 100 percent their fault, I was going 5 miles an hour due to traffic and he just rearended me . Yes i want them to pay for the entire thing because is not my fault.

Do you have anything in writing saying that they approved the $2200 repair?

Do you have a police report, or any report, stating that the other driver is at fault for this accident?

Wondergirl · Mar 12, 2013, 08:15 PM

Call your auto insurance agent. An adjuster will be assigned to your case. He will make sure that

1) your car has been estimated fairly
2) your car will be repaired correctly
3) all reports (e.g. police) are in the file
4) liability (fault) has been properly established

If you hit his car, your liability will pay for his damage.
If he hit your car, his liability will pay for your damage.

Fr_Chuck · Mar 13, 2013, 08:18 AM

You sue the person, not the insurance company, just don't accept their offer.
When you sue the other person, if you win in court, this insurance will have to pay.
Normally they settle very quickly once sued.