Shoud I accept the insurance company’s offer?

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Shoud I accept the insurance company’s offer?

A neighbor accidently drove their car through our front yard fence and also hit another neighbors car. The estimate to repair/replace the fence is 1,400.00. I submitted this estimate to his insurance company. The insurance company is only offering 638.00, with the rest of his policy limit going to fix the neighbors car. Should I accept this amount and ask my neighbor for the balance, or fight the insurance company?

Asked on April 27, 2018 under Accident Law, New York

Answers:

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

Answered 2 years ago | Contributor

You should reject the settlement offer because it is inadequate to compensate you for the cost of the fence.
Your recourse is to sue your neighbor for negligence in small claims court. Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of replacement of the fence. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.


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