What to do if f I was hit in the rear and the other driver was cited but their insurer only gave me $1100 when my 3 estimates were $1800, $ 900 and $2000, respectively?

They don’t seem to want to pay the rest. Can I go to small claims court for the policyholder?

Asked on November 18, 2014 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you haven't accepted the money yet, you can sue the driver for the full amount of your damage or loss.

If you have accepted the money, did you sign anything--e.g. a settlement agreement or release? If you have, what does it say? If it states anything like that the payment is "satisfaction of the claim," "settlement of the claim," "payment in full" of the claim, or that you are giving up your right to sue, then no, you can't sue; you contracted that right away and agreed to take the money in full payment of your claims.

If you accepted the money but did not sign any settlement or release, then you may be able to sue the driver for the additional amount.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.