Will I need help from a lawyer to get larger settlement from an insurance company?

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Will I need help from a lawyer to get larger settlement from an insurance company?

I was followed and hit by a guy who in the end got a DUI and a batttery charge. I had my 2 kids with me and we didn’t sustain any injuries. His insurance company sent us a check but I don’t feel like it’s enough. What should I do?

Asked on September 27, 2017 under Accident Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since there weren't any injuries, you will have difficulty finding an attorney.
You will only be able to recover the cost of repairs (property damage) to your vehicle.
If you are unsuccessful at attempting to negotiate additional compensation to cover the cost of repairs to your vehicle, your only recourse is to sue the at-fault party for negligence.
Depending on the amount of your damages, you may be able to file your lawsuit in small claims court. You can enforce a judgment in your favor with a wage garnishment against the defendant (drunk driver).  Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.
As for the check you received from the at-fault party's insurance carrier, if you accept it and sign a release of all claims, you won't be able to sue.
You should return the check to the insurance company and inform the insurance company in writing that you are rejecting it.


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.

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