insurance company trying to screw me!

[m90daytona]

hey all,

i was in a car accident on 5-3-08 where i was rearended by a guy looking for his cell phone. my car is totalled and the insurance company from the guy who hit me is offering me an insultingly low amount of money for my car. they are about $1500 to low compared to what NADA and KBB say my car is worth. also, comparable cars (year, options mileage) are selling for what i would like to recieve for my car. they said they will not go any higher but i refuse to take what they are offering. i have alot of questions about what i should do and any answers would be helpful.

1. should i take what they are offering and then take them to small claim court for the rest?

2. should i hold off and just take them to court for the entire amount?

3. i was told that you cant bring a suit against the insurance company in the state of pa. so do i have to bring the suit against the driver or the owner of the vehicle? should i also name the insurance company on the suit as well?

4. the amount i am seeking is around $9000, is this to large for SCC?

5. lastly, are there any other benefits i am entitled too for all of my time and BS involved w/ them trying to rip me off?

sorry for the million questions but any help would be appreciated.

thanks,

Larry

 

[kevinaz06]

I am not familiar w/PA law, but I can give you some suggestions.

1. You have to file against their insured, per the policy they will have to defend them to the policy limits.

2. Provide them with comparables in you local area for evidence of actual cash value of vehicle.

3. We frequently settle right away with an undisputed amount. We put that language right on the check we issue to the person. I would also write a letter that you will accept x amount of dollars right now, but feel that your car is worth x amount and you expect them to prove otherwise, and that by you accepting x amount of dollars right now, you are not finalizing or settling the claim.

4. You are not entitled to and sort of extra cash for the inconvienence. If you had collision coverage, your insurance company would fight this battle for you.

5. Do you know how they are figuring the value of your car? Did your car have any unrelated prior damage? Kelly Blue Book is an unacceptable resource. They even have disclaimers on the bottom of ther value guides. NADA is the most widely accepted. There are independant companies that research this such as Autosource, Value Mate and others.

6. They should give you a copy of the report on how the value of your car was figured. Get a copy, you are entitled to it.

As long as you are being legit, you should get what your asking. Its all about local laws and documentation.

Let me know if I can help any further.

 

[lwpat]

Agreed. You can check with the local magistrate about small claims but this is probably over it. However you can still go pro se in circuit court, just have to do the paperwork right. In my experience most insurance companies will offer you about 2000 less since they know this is what an attorney will want to take your case and most people will take it rather than fight. They save a bundle this way.

If there was that much damage you should have personal injuries that you can add in. They will usually switch it to another level when you file and then settle with you.