Q: Can I still file a lawsuit for property damage against insured if their adjuster sent a check that I didn’t agree to?
Hello I put in a claim with at fault insurance for damages to my car, they deny me in 2 days. Almost 2 months later they change it to 60%, I reject it because their client was fully at fault. A year later the person that was driving my car wins his personal injury claim for $25k, six months after I send a demand letter to the insurance adjuster for at fault driver informing her of the amount I will accept, and informed her that I’m not accepting 60%. I also sent in the proof necessary, gave her 60 days to reply, and informed her that if I do not hear anything or receive the amount I will be forced to take her client to court. She replied within 30 days by letter, in the letter she includes a check for 60% and said they attempted to settle for 60% but I refused it. I have communicated to her multiple times that I am not accepting 60%. I have no intentions of cashing the check because I didn’t agree to it. Based on this can I sue for unfair practice settlement and exemplary damage?
A: I would need some more information. Generally speaking, insurance companies will only compensate you for the value of the car. Of course, they will try to use the lowest value. Please feel free to call me for a consultation at no cost. 770-644-2378.
A: Looks like you will need to file suit if you seek justice. If you do file suit, then you should have an attorney represent you. Furthermore, if the insurance company is not cooperative with you (in this case, they are not), then you need to get an attorney to represent and fight for you. Contact a personal injury lawyer in your area, or in the jurisdiction where the accident occurred----many will provide a free, no obligation consultation----discuss the specifics of your case and then decide how to proceed. Good luck.
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