Legal Question in Insurance Law in California

Can a responsible party’s insurance company settle by paying you the blue book value of your car

Asked on 3/21/23, 3:38 pm

1 Answer from Attorneys

Timothy McCormick Schneider, Holtz & Hutchison

Well, you can dispute that amount and sue for damages, but unless you have evidence of something like extensive after market improvements or some other reason it was worth more than blue book or Edmunds says it was, you have no case. Also, if you have other damages, such as personal injury, beyond the value of the car, they cannot just pay you the car value. But bear in mind, they don't actually owe you anything. Their duty is to their insured and their shareholders. They only settle with you because it's easier for everyone than making you sue, get a judgment, and then pay the judgment on behalf of the insured. If you want someone who is supposed to be more on your side, run the claim through your insurance company and let them collect from the responsible party's insurance.

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Answered on 3/22/23, 10:07 am

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