If an insurance company doesn’t pay in full my damage in full, what can I do?

UPDATED: Oct 2, 2022

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If an insurance company doesn’t pay in full my damage in full, what can I do?

The at fault driver admitted it that the accident was 100% their fault and it was written on the police report. Their insurance company said that my car is a total loss but they are not paying the full amount. They offered me the less than the half of the car’s blue book value.

Asked on September 25, 2019 under Accident Law, New York


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

Answered 3 years ago | Contributor

Your recourse is to reject the settlement offer, and sue the at-fault party for negligence. Your damages (monetary compensation you are seeking in your lawsuit) would be the value of your car.
Upon prevailing in the case, you can recover court costs which include the court filing fee and process server fee.
A monetary judgment in your favor can be enforced with a wage garnishment.

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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