Can I sue the insurance company?

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Can I sue the insurance company?

My car was hit while parked on a street avenue and the person that hit my car was compliant, he agreed that is was his fault and we exchanged information. We called his insurance and made a claim with an adjusted. They send a car inspector and said they would call back. We hadn’t heard back from them so we called and they said that they had already spoken to me. I then said no because it wasn’t true so the adjuster then said that he left a message and that he was sending a check already. I don’t think it is fair because the amount that will be given to me isn’t enough to get a car replacement or repair because it is a total loss.

Asked on April 20, 2017 under Accident Law, California

Answers:

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

Answered 4 years ago | Contributor

You can reject the settlement offer and file a lawsuit for negligence against the at-fault party who hit your parked car.
Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs or replacement of your car.
If you are seeking to recover the cost of repairs, you can file your lawsuit in small claims court because the cost of repairs is $3500. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.
 
 


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