If an insurance company doesn’t pay in full my damage in full, what can I do?

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If an insurance company doesn’t pay in full my damage in full, what can I do?

The at fault driver admitted it that the accident was 100% their fault and it was written on the police report. Their insurance company said that my car is a total loss but they are not paying the full amount. They offered me the less than the half of the car’s blue book value.

Asked on September 25, 2019 under Accident Law, New York

Answers:

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

Answered 2 years ago | Contributor

Your recourse is to reject the settlement offer, and sue the at-fault party for negligence. Your damages (monetary compensation you are seeking in your lawsuit) would be the value of your car.
Upon prevailing in the case, you can recover court costs which include the court filing fee and process server fee.
A monetary judgment in your favor can be enforced with a wage garnishment.


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