Can I sue the insurance company?

UPDATED: Sep 30, 2022

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Can I sue the insurance company?

My car was hit while parked on a street avenue and the person that hit my car was compliant, he agreed that is was his fault and we exchanged information. We called his insurance and made a claim with an adjusted. They send a car inspector and said they would call back. We hadn’t heard back from them so we called and they said that they had already spoken to me. I then said no because it wasn’t true so the adjuster then said that he left a message and that he was sending a check already. I don’t think it is fair because the amount that will be given to me isn’t enough to get a car replacement or repair because it is a total loss.

Asked on April 20, 2017 under Accident Law, California


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

Answered 5 years ago | Contributor

You can reject the settlement offer and file a lawsuit for negligence against the at-fault party who hit your parked car.
Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs or replacement of your car.
If you are seeking to recover the cost of repairs, you can file your lawsuit in small claims court because the cost of repairs is $3500. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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