Insurance company accepted liability but will not pay for my vehicle unless I agree to settle on lost wages
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Insurance company accepted liability but will not pay for my vehicle unless I agree to settle on lost wages
Im a semi driver and was legally parked in
my semi another driver backed into me
causing a little over 13,000 in damages. I
have been out of work for a month my
truck is finally fixed but they will only
release the payment for my truck if I agree
to a settlement for lost wages. I do not
agree as it is way less then what I have
lost out on and would like to take them to
court for that portion but I need them to
pay for my truck damage so I can get back
to work. Is this legal?
Asked on November 30, 2018 under Insurance Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It is unfortunately legal. The other driver's insurer does not have to settle your claim: it is voluntary on their part to offer to pay unless you sue their insured and win, getting a judgement for a certain amount which they and/or the insured will then have to pay. But as stated, paying you is voluntary until and unless you sue and win. Therefore, they can try to lowball you and get you to take less than you might be entitled to, the way any one can try to settle a claim for less than it may be worth. You don't have to take their low ball offer; you could sue their driver for the full amount to which you believe you are entitled. The problem is, a lawsuit can easily take several months, if not longer (e.g. a year or more) to resolve, and you will not receive any money until the end of the case (or longer, if they appeal).
You then have to weigh whether it is more important to get all the money you believe you are entitled to after several or many months, or whether it is more important to get some money now, so you can repair your vehicle. That is the trade-off you need to consider in deciding whether to take the lowball offer or not.
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