If I was hit by a car that did over $2500 in damage to my vehicle, what should I do since the at-fault driver’s insurer will not pay for 100% of the repairs?

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If I was hit by a car that did over $2500 in damage to my vehicle, what should I do since the at-fault driver’s insurer will not pay for 100% of the repairs?

It spun me around into a ditch. The other driver’s insurance company said their insured was run off the road by another car, so it only wants to pay 25% of my repairs. I also will be out of a car during the time that mine is being repaired, which it also refuses to pay for. Should I hire an attorney?

Asked on November 9, 2013 under Accident Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the damage is between, say $2,500 and $3,000, then if they are offering to pay 25%, that's $625 to $750, leaving you with a roughly $2,000 bill. Assuming you do not have your own insurance to cover most of that balance (if you have collision coverage, submit a claim--that's what you have it for), you could sue to recover more money; you do not have to accept their offer. The problem is, for $2,000, it's not worth hiring an attorney: a lawyer could easily cost you as much (or more!) then you're trying to recover. You may wish to file a small claims case, acting as your own attorney; it quite possible that if you do, they will increase their offer.


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