Legally what are my options if an auto insurer is trying to settle me for half of the quoted price to fix it?

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Legally what are my options if an auto insurer is trying to settle me for half of the quoted price to fix it?

Do I have to take the settlement or can I take to the shop to have it fixed at the quoted price?

Asked on November 11, 2012 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You do not have to take the settlement. But if you do not and you want more money from them than they are willing to pay, you would have to sue to get the money. You'd need to bring a lawsuit and prove in court that the insurered driver did the damage; was driving carelessly; that you were not at fault; and that the cost or amount you are seeking is the reasonable cost to repair. Given the expense, time, and uncertainty (since it's never a guarantee you'd win) of suing, you may wish to consider taking the settlement as an alternative.


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