What can I do if the at fault driver’s insurer won’t pay what I feel that I am owed?

UPDATED: Sep 30, 2022

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What can I do if the at fault driver’s insurer won’t pay what I feel that I am owed?

The insurance company accepted full responsibility for their client but has offered to pay only $450 of the $1200 bill for my rental car. They said they are only allowing me 19 days vs 27 it actually took to fix my car. They also cut the rate. If they don’t pay can I bring action against their client?

Asked on December 11, 2015 under Accident Law, North Carolina


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

Answered 6 years ago | Contributor

If your rental car reimbursement is denied or the at-fault party's insurance makes an offer that you reject, your only recourse is to sue the at-fault party for negligence to try to recover the amount you are claiming.
It would be advisable to wait on filing the lawsuit to see if there are other issues for which you are not being adequately compensated such as the property damage (cost of repairs to your car) and if you were injured, inadequate compensation on your personal injury claim.  File one lawsuit for negligence against the at-fault party including all issues where there is a dispute with the at-fault party's insurance carrier.

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 AttorneyPages.com 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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