Q: What should be my next step?
(I've added some more details) I was driving on the freeway in my brand new car, and as I passed a construction site their cement pipe burst and covered my entire car with cement. My insurance covered the damages and the company responsible for cement paid up. But I had some expenses and it took them over a year to pay my insurance. They also tried giving me a check with the amount of 1,600 dollars which is not even close to being enough to cover my out of pocket expenses. I have the companies cellphone number, should I contact them directly ? or hire somebody to help me? By the way I did NOT accept the money and I asked my insurance for permission to go after the company for the rest of my money which exceeds the amount of 12,000 dollars. I have proof of all of my expenses, like receipts and anything that I spent my money on due to the accident. I would also like to charge for all of the emotional distress pain and suffering which would bring the amount up way more!
A:
It's not even clear that you have a legitimate "next step." You took money from your insurance company for property damage. Per your insurance contract, and principals of equity, your insurer now owns your right to pursue the at fault party for your property damages. That is a claim which cannot be divided between the two of you, and pursued at different times in different lawsuits. If you want to go after the construction company for some other property losses, you need your insurer's permission to do so, or you risk destroying their rights, and breaching your contract, requiring you to pay back the monies which you have received.
Secondly, it's not clear what the other "out of pocket expenses" are that you claim. Those expenses may or may not be recoverable.
Thirdly, assuming you get your insurer's consent, you can sue the at fault party in Small Claims and recover up to $10k, no attorneys allowed. If you hire an attorney to pursue your claims, you will have to pay hourly or based on a contingency fee, which will eat up a significant portion of your "out of pocket expenses."
A:
Hiring a lawyer is preferable but a lawyer would probably only take it on an hourly not a contingency.
the ideal answer is to go to small claims court where you can sue for up to $10k and you can NOT have a lawyer....IF you have a claim.
it is not clear whether you have settled the claim already and use up all your rights????
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