Is it better to settle in small claims or with insurance claim?

Is it better to settle in small claims or with insurance claim?

A car hit me but the driver was not the owner, the owner has insurance on the car. His insurance company wants to lowball me on getting my car repaired. Should I just get some estiments from quality repair shops such as dealers, and a few from auto body shops in the area and file a small claims suit?If I should file small claims suite and forget about the insurance company should I sue both the driver and the owner or one or the other. If the owner had not let the driver use his car I would not have got hit.

walt631

Please keep in mind that even with a small claims judgement, only 27% are ever collected

S17V

If you file small claims court, there's no guarantee you'll get more money, or money at all.As for if you should get additional estimates - it doesn't matter what the insurance company wrote the estimate for - you have the right to repair the vehicle wherever you chose - once you have picked a shop, you take the estimate the insurance company wrote for you to the shop and they will negotiate any additional dmgs or prices with the insurance company.You can get as many estimates as you want, but it won't affect how much ultimately the insurance company would pay out.Regardless, if you take this to small claims court - again you may not get a penny more than what the insurance company initially offered you and it would cost you time and money to file the small claims court action.

trailsman1961

rather than sue why don't you turn this over to your insurnace or at least talk about a settlement.

fighting

What exactly do you mean by "lowball?" You didn't provide any figures. If by lowball you mean they want to pay for used parts on an older car, filing in small claims won't help you.Suing the owner or direct is a really bad idea. You won't get any more money and they insurance company will help the other owner/driver prepare their case. Who is going to help you?If your intent is to really get the car repaired then take the other companies estimate to the shop of your choice and let them review it with the other insurance company.Source(s):Claim Adjuster for way too long.

nigelshiftright

You need to fight his insurance company by enlisting the aid of your insurance company. That's what you pay those rats for.You have certain rights here, such as the right to get your own appraiser or adjuster and contest their settlement offer for damages.Be tough, be noisy or bend over.Don't waste your time in Small Claims court---even if you "win", small claims doesn't send the sheriff out to get your money. YOU have to get your own money somehow. People often forget this part.All you get is a judgment, that you can use to garnishee wages or threaten them with.

Ask

insurance

Popular Q&A

For Mortgages in Florida, will the mortgage company look at all outgoing costs or just concentrate on income?
It's essentially about ratios. Generally 28% of your gross monthly income (GMI) is the maximum for a monthly mortgage payment. Payment to include principal, interest, taxes and insurance (PITI).Then the maximum amount of monthly obligations is set at appx 40% of GMI. The total obligations...

Both insurance companies are only accepted 20% fault for car accident. What does this mean and what do I do?
This is unclear to me since I am a former auto adjuster. When one company agrees to 20% fault, that means the other company is liable for 80%, totalling 100%. So USAA would get reimbursed for the medical bills at 80% and your injury settlement would be calculated/reduced at 80% too for your...

Is the cost of auto insurance lower in Richmond, VA than in Wellington, FL?
Lately parenting forums have been buzzing with parents looking for ideas how to keep their teenagers from spending a lot of time on the computer and Internet. It seemsthat teenagersthese days are hooked on the computer just as they were hooked on watching television just a decade ago. In my...

What to do with insurance companies?
Go to link: http://www.ehow.com/list_6664872_penalti…Here is basically what it says:What Are the Penalties for Driving Without Car Insurance in Texas? You can face financial and criminal penalties for driving without insurance in Texas.Auto insurance is mandatory in the state of Texas, and...

HELP - Moving from Ontario to Manitoba in a month?
Actually it isn't the lack of Manitoba licence that keeps you from getting Manitoba insurance, it is the fact you don't live in Manitoba yet. Once you have proof of residence, then you can get your licence and register and insure your vehicle, all at the same insurance broker.The driver insurance...