Q: Daughter was in a wreck (other party is 100% at-fault)
At-fault party's insurance is State Farm who I have been fighting with over valuation (they decided that her car should be totaled). They are way off of what local comp value is locally. I asked for additional compensation for loss of use and economic damages, but they blew me off and won't budge from their offer. Here is my question. Is it a good idea or a bad idea to contact the at-fault party directly to discuss the situation with their insurance company and see if they are open to an out-of-court settlement to cover what their insurance company isn't going to cover? I want to make sure I don't damage our chances of winning in court, if we are forced to go that route.
A: There's nothing wrong with you contacting the direct party, but I'm not sure it will be worth your time. Most people are just going to defer to their insurance, and I doubt the adjuster is offering anywhere close to their policy limit, so it's just going to circle back to the adjuster anyway. Anything that you say to the opposing party, the insurance adjuster, or their attorney is fully admissible in court with limited exceptions such as settlement negotiations, so a good rule of thumb is to write every email and have every conversation as if it will someday be read/heard by the judge.
Tim Akpinar agrees with this answer
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
