What can I do if I do not agree with my auto insurer’s settlement offer?

UPDATED: Sep 30, 2022

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What can I do if I do not agree with my auto insurer’s settlement offer?

My car was stolen and was recovered within a week by the police. They found

3 people in the car who trashed the inside of the car and there was a weird smell inside. My insurer sent me a summary of what they found repairable but did not include the car seats or carpet being change. The carpet has a stain and the seat have some cigarette burns on it. What should I do? I would expect that to be included in the summary because I did not have it in that condition.

Asked on August 28, 2016 under Insurance Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First, double check the terms of your policy. An insurance policy is a contract: the insurer must pay out whatever amounts or whatever damage/losses the contract says they must--no more and no less. Compare the terms of your policy to this situation and the damage: if you feel that the carpet, seats, etc. should be replaced or repaired, ask your insurer to include those. If they refuse, your only options are to either accept what they are willing to pay or else sue them for breach of contract (not fulfilling their obligations under the policy) for the full amount you feel due.

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