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


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.

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