Legal Question in Personal Injury in California
Auto Accident: Settlement offered less than repairs
It has been 4 months since the auto accident and the insurance company has offered a settlement substantially lower than the cost of repairs ($3100 settlement on $10500 worth of damages). My insurance company is saying that they will repair the damages to the rear of the vehicle but will omit the damages to the front of the vehicle and other damages (i.e. brakes, air conditioner, CD/cassette player, dash board, etc.). This vehicle is practically brand new. What can I do to ensure that payment is made to FULLY restore my vehicle back to its original state before the accident from the insurance company whose insured is at fault? If this continues, I will never get my vehicle repaired. Accepting payment from either side results in additional out-of-pocket expenses from an auto accident in which I am nowhere near being a fault for.
3 Answers from Attorneys
Re: Auto Accident: Settlement offered less than repairs
You should be put back in the position before the accident. That includes the vehicle fixed for ALL items damaged in the accident.
Re: Auto Accident: Settlement offered less than repairs
You are entitled to the cost of repair of your vehicle for damage caused in the accident. It is not clear from your question as to why the other party's insurance company will not pay for the damages. Ask them to have it repaired at one of their authorized repair shops and bill the company directly. If you cannot work it out, sue them.
Re: Auto Accident: Settlement offered less than repairs
It is not clear why YOUR insurance company is only willing to repair part of the damage caused to your vehicle. It is also not clear from your question what, if anything, the other party's insurance company is willing to do.
If you have been unable to have your vehicle repaired after 4 months, it sounds like you are going to need to sue the party responsible for your damages; that is, the other driver. Although the other driver's insurance company will untimately become involved, it is the driver who caused your damages, and it is the driver/owner of the other vehicle that must be sued.
Under California law, you only have one (1) year from the date of the accident within which to bring suit. If you do not bring a lawsuit within that period of time, you will lose your right to recover any of your damages from anyone.
You may consider hiring an attorney to deal with the insurance companies involved in your dispute. Perhaps a letter threating a lawsuit will be enough to get someone to accept responsibility.
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