Legal Question in Personal Injury in Pennsylvania
We reside in Pennsylvania and pay extra for the type of auto insurance that ALLOWS us to sue if nessasary. (FULL TORT or some such term...) Someone backed into one of our vehicles. The persons insurace company requested we go get and fax them 3 estimates, which we did. The 3 estimates averaged around $900. They then mailed us a check for around $900, but it was made payable to BOTH us and one of the 3 body shops that provided an estimate. We complained telling them we wanted the check made payable to us (only). So in responce to our complaint they stopped payment on the $900 check and then sent out their own " independant adjuster" who then issued a check made payable to (only) us for around $600. When we asked why the $300 difference, they said "had the body shop known it was them (the insurance company), they would have given a "discount"." I belive this is all wrong and total BS, so my questions to you are: 1) Do we have to accept the $600 or could we sue the insured for $900, (providing the cpourt the 3 estimates that averaged $900 as "evidence" of the damage to our vehicle), or must we now accept the $600 they offered as full and final settlement? 2) If we can/do decide to sue them in small claims court, should / can we also sue for loss of use of the vejhicle while it is being repaired (rental cost) (even if we NEVER repair it) (loss of use damages???), AND attorneys fees (if we choose to retain an attorney)??? and is it resonable to asume we would prevail in said matter given the facts as I have described them here??? Thanks!
1 Answer from Attorneys
1. You can sue in small claims court for the full $900, and you'll probably win. 2. You're entitled to your losses. Loss of use of your car is not a compensable loss. If you paid for a rental out of your pocket (not paid for by any insurance company), include that in your suit. 3. You will not be able to collect atty fees. You won't need an atty at the small claims level. However, either side can appeal that decision. Then, you may have some difficult decisions to make.
If the facts are as you stated them, you should win.
Feel free to call if you want to discuss.
Richard Senker 610 279 1600
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