While sitting at a light coming home, I was rear ended and my car was totaled. I'm now suing her insurance company for damages. Their lawyer has sent me letters saying that I cannot follow through with the case because it is without merit. Everything seems to be in my favor but I wonder what makes them so smug. Are they trying to scare me off?
2007-01-26 08:50:51 · 7 answers · asked by mjasfvpld 2 in Cars & Transportation ➔ Insurance & Registration
You can sue her and the insurance company. Go out and find a good ambulance chaser that will accept your case and charge you only if you have a cash settlement.
You do not need to find the biggest lawyer, because they will want to settle at the first offer.
You do not want the worst lawyer, cause he will not settle and lose the case in court.
Get their lawyer to deny your claim in writing. Have them send a copy of the letter to your state District Attorney so they can have a record of the fraudulent denial in their file. After they do that, then go and file a complaint with the DA. He will send them a nasty letter and they will pay you what you are owed.
Doing this will save you having to pay an attorney 40%-50% attorney fees. But, an attorney can get you more $$$. When they ask for 50% fees, balk and ask for 40%. You may have to settle for 45%.
Your payout will depend on the carowner's policy. If he only has $5,000. That is the extent of the insurance companies liability. If he has $100,000, then you should be able to get a full settlement. IF your damage was more than his policy, you will have to sue the car owner as an individual and good luck getting paid.
2007-01-26 09:02:04 · answer #1 · answered by Christmas Light Guy 7 · 0⤊ 2⤋
Why do you want to sue? Didn't they offer to pay for your car? If so, then what do you need to sue over? Maybe you think you just hit the lottery --- here's some advice: the insurance company has a LOT better lawyer than you could ever hope to afford. If fact, they have whole teams of lawyers and they could litigate this crap into the next decade if they want to. Your best option is to accept a FAIR settlement.
2007-01-26 09:16:58 · answer #2 · answered by Anonymous · 2⤊ 0⤋
You can not sue an insurance company who's insured hit you. You have to sue the person that hit you. If you win, the insurance company pays. You can't sue an insurance company because they are not the one's who caused you harm--you do not have a cause of action against them, but you do against their insured....which is why your case has no merit.
2007-01-26 15:44:19 · answer #3 · answered by bundysmom 6 · 0⤊ 0⤋
I had a similar situation. My car was parked legally and totaled by someone driving down the street. It took forever to get his insurance to pay....but when they did---it was $4,000 short of what I still owed on the car, due to a high interest rate, and average price of cars in the area. SO, I had to sue the individual himself, not his insurance company, to get the remaining $4,000. I did win that case.
2007-01-26 08:59:04 · answer #4 · answered by donnabellekc 5 · 0⤊ 0⤋
Ok... i think maybe you are uneducated in what you are trying to do. Did their company offer to pay your damages for your totalled vehicle?
Im not sure if you mean your wishing to file a claim through them? (which is TOTALLY different then sueing)
If their company accepted liability and paid for the damages of your totalled vehicle and your not injured with medical bills.. what left are you "sueing" for... of course it would be w/o merit.
Educate yourself before you go and try to use big words and scare insurance companies who ARE educated in their field.
The only thing i can think otherwise is that they are denying your claim. This could have many reasons... lack of coverage to time of loss... liability dispute.. etc
2007-01-26 10:27:24 · answer #5 · answered by Anonymous · 2⤊ 0⤋
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2016-12-03 02:18:11 · answer #6 · answered by marconi 4 · 0⤊ 0⤋
Sounds like it. Get a lawyer. That's your best bet or at least speak to one.
2007-01-26 09:00:28 · answer #7 · answered by loadedforbear1993 2 · 0⤊ 1⤋