I feel the insurance company is not giving me what my truck is worth

UPDATED: Sep 30, 2022

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I feel the insurance company is not giving me what my truck is worth

I was rear ended and my truck was
totaled now the insurance company is
trying to give me less than what it is

Asked on July 20, 2017 under Accident Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can refuse their offer and sue the at-fault driver for the damage he caused (or in this case, the then-current fair market value of your truck). You sue him, not the insurer: his insurer has no obligation to you, since you are not their insured--their obligation is to defend and pay for their insured, and anything they offer without there being a court judgment against their insured is voluntary on their part. The only way to force the at-fault driver and/or his/her insurer is to sue, prove fault, prove the value of your truck at the time it was totalled, and then get a judgment in your favor. Of course, given the cost, effort, and delay in getting paid that comes from suing, if the different is relatively small, you are better off accepting the offer and not suing for a modest additional amount of money.

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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