Q: Are attorney's fees recoverable in a property damage suit against vehicle insurance company/their insured?
After a car accident, I file a 3rd party claim against the at fault driver (insurance company agrees their insured is at fault). My vehicle is deemed a total loss and is grossly undervalued. The insurance company refuses to alter their offer and doesn't seem to understand the rarity of my vehicle even after numerous attempts made and supporting evidence has been provided. I got an independent appraisal that resulted in more than double the amount they have in their valuation. They refuse to accept it and say it doesn't meet certain needed criteria with regards to acceptable comps. I pointed out that the comps used in their valuation do not meet this same criteria either (very difficult to find vehicle) still they refuse to alter their valuation. Damages exceed the small claims limitation so I would expect to hire an attorney. If a judgement is made in my favor, is it possible to include that the defendant also be required to cover the costs of the lawsuit and my attorney?
A: Missouri follows the "American Rule" regarding attorney's fees. In a lawsuit for negligence, you aren't entitled to attorney's fees.
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