How to take an auto insurance matter to small claims?

7 views 6 answers
I was rear ended and the other driver's insured offered me a low-ball settlement amounting to less than 15% of estimated damages to my vehicle. They also stated I was 50% at fault. The cars in front of me on the highway came to a stop. I came to a stop. The other driver rear ended me with considerable force. Who do I take to small claims and how?

Attorney Answers

6
tephen Laurence HoffmanPersonal Injury LawyerChicago, IL ·
If you were insured at the time I can tell you without a dobut your best, most cost-effective, lowest hassle way to handle this is report it to your carrier, have them fix it, eat the deductible, and hope your company subrogates versus the other carrier and gets your deductible back to you. Small claims on a questionable case when you have insurance is a waste of time and money. Let your carrier handle it. Until you do this for a living, you don't realize how hard it is to "win" 100% on a property damage claim, especially as a non-lawyer against an experienced insurance company lawyer. If you did not have coverage, well that's why you should. Stephen L. Hoffman Law Office of Stephen L. Hoffman LLC Chicago, IL 773-944-9737 Email: [email protected] Website: www.hofflawyer.com Blog: www.hofflawyer.com/blog/
0 upvotes
Michael Crosner ·
Makes no sense how you are 50% at fault - many some additional facts are missing. Let your insurance company handle the incident - or consult a local personal injury/property damage attorney - many offer free initial consultations
0 upvotes
Chen Kasher ·
Retain a good PI attorney immediately. It won't cost any money up-front. The insurer will continue to lowball you and throw out nonsense until you take them to court. [email protected] (773) 853-3062 chenkasherlaw.vpweb.com
0 upvotes
Charles Candiano ·
Have your car fixed by your own insurance. They will get the money back from the at-fault driver's insurance. If you were injured, hire a personal injury attorney. If you had no insurance, here is the link to the Clerk's website for the forms needed to file a small claims action: http://12.218.239.55/?Section=FormsPage&FormsPage=ALL&FORMNAME=&TITLE=small+claims&Submit=Submit
0 upvotes
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Contact your local small claims court clerk and obtain the appropriate forms. They also can usually provide you with some guidance, although, they cannot provide you with legal advice. You need to sue the adverse driver and perhaps the owner of the vehicle. Generally, you cannot join the insurance carrier as a defendant. Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
0 upvotes