What can I do if I was hit by another driver and now their insurance adjuster says I will get only 50-60% of the damages done to my vehicle?

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What can I do if I was hit by another driver and now their insurance adjuster says I will get only 50-60% of the damages done to my vehicle?

I have liability insurance and was in an accident; the other driver had admitted and claimed fault. The police report as well states that he drove into the path of my car. It has $2600 worth of damage. I filed a claim with his insurance company 2 weeks ago, and the adjuster proceeded in telling me that I most likely will only receive 50-60% of the damages done. He never calls me or returns my phone calls, so I called his manager. I am not sure of where to go from here.

Asked on August 4, 2015 under Accident Law, Kentucky

Answers:

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

Answered 6 years ago | Contributor

Since the at-fault party was 100% at fault in the accident, you should receive the entire $2600 as compensation for property damage to your car.

The only way the insurance company could justify paying only 50% to 60% of your property damage is if you were 50%  or 40% at fault in the accident, which does not appear to be the case since the police report found the other driver to be at fault and the other driver admitted fault.

If the insurance company offers 50% to 60% as a settlement of your property damage, you can reject it and sue the at-fault party for negligence.

Since the insurance company is uncooperative and is not even responding to your calls, you can sue the at-fault party now for negligence.

Your damages (the amount of oompensation you are claiming in your lawsuit) would be your property damage (cost of repairs to your car) of $2600.

Prior to filing the lawsuit, send a letter to the insurance company stating that the lawsuit will be filed unless the insurance company responds by _______  (date).  That may prompt the insurance company to respond without you having to file the lawsuit.

 


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