how do I sue an insurance company?

Question

state farm will not give me the full amount it takes to fix my car even though their customer hit me from behind. how do i go about this?

Answer 1

No attorney is going to take a property damage only case.

The easy way to handle this- is to contact your insurance company (if you have collision coverage) and see what they come up with to fix your car. They can settle with you - less your deductible. They will then subrogate State Farm (ask State Farm to pay them back). Once they get paid by State Farm, they forward your deductible to you.

With out knowing more about your situation - there is only so much help we can give.

Here's another option - State Farm has a direct repair program. They have agreements with shops in the area to repair you vehicle - they pay the shop directly and then warranty the repairs. If you want to settle with State Farm, consider going through their direct repair program (I think it might be called Blue Ribbon or something like that.).

Or -if you have an estimate but want more b/c you plan to pocket the money and not get your car fixed - you have a different problem and you will not get more money.
State Farm is going to write an estimate to repair the car - it's just that -an estimate - your best educated guess. You can have 2 shops look at the exact same damage and they will come up with different numbers.

When the insurance company writes an estimate - that is what the first payment is based on. Once the car gets into the shop and is torn down (IE parts are taken off) then additional damage may be found. The shop would submit a supplement to the shop for the additional damage and the insurance company would pay the shop.

If your plan is to pocket the money- they are not going to pay for any additional damage or supplemental damage until the car is torn down and they can re-inspect.

Depending on what state you live in - the liability laws could be affecting the offer they made you. That's way more complicated then I have room here.

Answer 2

You do not sue them you have to sue the person that hit you. The reason for this is you have no contract with State Farm, their contract is with their insured.

I would recommend small claims court. If you hire a lawyer you will loose money on the deal as you will have to pay the lawyer.

One question I have for you though is do you not like the estimate or is it in the shop and the repairs can not be completed? Is there a policy limit issue? Are they not accepting 100% liability? Most companies will pay off of their estimate but if additional work needs to be done when in the shop they will write a supplemental check. State Farm is typically a reputable company, I have to wonder what the answers are to some of my questions above.

May I recomend that if you are not getting anywhere with State Farm a faster way to proceed would be to file a complaint with the Department of Insurance in your state. They can help you a lot faster than if you sue their insured. Also you might find it easier to go through your carrier and let them go at it with State Farm.

Good Luck

Answer 3

Suing State Farm, you'll have to go to court, and PROVE that they caused your damages. You're going to lose - because they didn't cause the accident, the customer did. So you have to sue their customer.

The customer isn't legally responsible for 'the full amount to fix your car'. They are responsible for THE LESSER OF the cost to repair, with usual and customary rates, or the actual cash value. So if your body shop is charging $80 an hour for labor, you're responsible for the difference. And if the damages cost more than the car is worth, and you choose to fix it, you're still responsible.

YOUR AGENT can guide you in this.

Answer 4

Get a litigation Lawyer