Auto Accident Liability

[tom6132k]

Last month , my daughter was involved in a car accident (We live in Northern, CA). The investigation determined that it was her fault. There were no injuries. Both cars were 'totaled.' Our insurance company paid the other party for their loss.

However, last night I received a letter from the other party. The letter claimed that he was not satisfied with the settlement (that he accepted) and that he thought his car was worth more that the $3,000.00 her got from my insurance company. (his car was 20 years old).

He demanded that I immediately (personally) pay him $1,000.00 and he will not pursue 'legal action' against me. My question is: Do I simply ask my insurance comany to help me or should I pay this person....or what?

 

[Michael Wechsler]

Last month , my daughter was involved in a car accident (We live in Northern, CA). The investigation determined that it was her fault. There were no injuries. Both cars were 'totaled.' Our insurance company paid the other party for their loss.

However, last night I received a letter from the other party. The letter claimed that he was not satisfied with the settlement (that he accepted) and that he thought his car was worth more that the $3,000.00 her got from my insurance company. (his car was 20 years old).

He demanded that I immediately (personally) pay him $1,000.00 and he will not pursue 'legal action' against me. My question is: Do I simply ask my insurance comany to help me or should I pay this person....or what?

Discuss this to your insurance company. I don't know what the agreement was, if any, with regard to the damages and if there are any additional defenses you may have, e.g. that whatever she received was a settlement, in full, as to the accident. Now there may be legitimate reasons this other person has for saying what they do. Let's say the other party paid $4,000 for the car 2 days before the accident but the insurance only would pay for up to $3,000 worth of damage or value to the car. They are out $1,000 and are looking for that amount from you.

IMHO you have nothing to lose by telling them to go to court if they feel that way and you have a legitimate difference of opinion. They can't demand more than $1,000 and, if they do, you can tell the court that this is what the other party demanded from you with the threat of going to court. How did the damages suddenly inflate themselves? You get the point and can be prepared to handle this as you see fit. Good luck.