Is there any way I can keep the insurance company from totaling my car out and trying to pay me $1000 when it is worth $2000?

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Is there any way I can keep the insurance company from totaling my car out and trying to pay me $1000 when it is worth $2000?

Asked on June 18, 2015 under Accident Law, Alabama

Answers:

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

Answered 5 years ago | Contributor

You don't have to accept the insurance company's settlement offer for the property damage to your vehicle.  You can reject the settlement offer and file a lawsuit for negligence against the at-fault party.

If the case is settled with the at-fault party's insurance company, NO lawsuit is filed.

If the case is NOT settled with the at-fault party's insurance carrier, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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