Legal Question in Personal Injury in California

Insurance offer for property damage.

I was involved in an auto accident. The other parties insurance made me n offer to settle the property damage on my vehciale which is the low number in the Kelly Wholesale Blue Book range ($2,600-$4,800). when i asked is this settlement is neogible they said NO!

What leverage can I employ to maximize my settlement?

Is a Auto Appraisal service a waste of money or does a judge lend them creditabilty if this went to small claims?

Can I use Internet car sales to establish a valuation?


Asked on 3/04/00, 2:55 am

2 Answers from Attorneys

Andrew Woll Law Office of Andrew D. Woll

Re: Insurance offer for property damage.

The offer from the insurance company is absolutely negotiable. The insurance company cannot appear in small claims court. The actual adverse owner must appear. There are no lawyers allowed. Small claims is a great way to go if the only issue is property damage and there is no personal injury involved.

You will have to support your damage estimate with ads in the paper, testimony from an appraiser, photos, receipts for new parts, etc. The adverse insurance company must pay the amount awarded by the judge unless they file an appeal. That costs more money so they usually just pay Good Luck and feel free to contact me for further information.

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Answered on 3/15/00, 8:26 pm
John Hayes The John Hayes Law Offices

Re: Insurance offer for property damage.

Anything is negotiable. Usually when insurance companies make an offer on a total loss they do a detail report stating the average sale price of you car in your area. You can request a copy of this report from them. You can also do your own research and call local dealerships and look through the ads. This will give you a better idea of what your car is worth and what you should be asking for. Good luck. If you have any questions or problems please feel free to contact my office toll free at 877-546-9918.

Sincerely,

John Hayes, Esq.

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Answered on 3/16/00, 12:40 am


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