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.


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


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.


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


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.


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.



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