What can I do if the at fault driver’s insurer won’t pay what I feel that I am owed?

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What can I do if the at fault driver’s insurer won’t pay what I feel that I am owed?

The insurance company accepted full responsibility for their client but has offered to pay only $450 of the $1200 bill for my rental car. They said they are only allowing me 19 days vs 27 it actually took to fix my car. They also cut the rate. If they don’t pay can I bring action against their client?

Asked on December 11, 2015 under Accident Law, North Carolina

Answers:

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

Answered 5 years ago | Contributor

If your rental car reimbursement is denied or the at-fault party's insurance makes an offer that you reject, your only recourse is to sue the at-fault party for negligence to try to recover the amount you are claiming.
It would be advisable to wait on filing the lawsuit to see if there are other issues for which you are not being adequately compensated such as the property damage (cost of repairs to your car) and if you were injured, inadequate compensation on your personal injury claim.  File one lawsuit for negligence against the at-fault party including all issues where there is a dispute with the at-fault party's insurance carrier.


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