The other driver was cited. His insurance company is not acting in good faith. How do I get them to offer a reasonable settlement for my total loss vehicle?

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The other driver was cited. His insurance company is not acting in good faith. How do I get them to offer a reasonable settlement for my total loss vehicle?

They actually told me they are not liable for my losses dollar-for-dollar.
I submitted invoices and receipts for over 1,200 to support my asking price.
They added only 92 to the offer.

Asked on July 3, 2016 under Accident Law, Ohio

Answers:

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

Answered 8 years ago | Contributor

If the settlement offer from the insurance company is unacceptable, your only recourse is to sue the at-fault party for negligence.
Depending on the amount you are claiming, you may be able to file your lawsuit in Small Claims Court.  Your damages (monetary compensation you are seeking in your lawsuit) should include the property damage (cost of repairs or loss/value of your vehicle if totaled) and court costs.  Court costs include the court filing fee and process server fee.


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