What are my options if I was hit while it was parked and I don’t agree with what the persons’ insurance company is offering me?

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What are my options if I was hit while it was parked and I don’t agree with what the persons’ insurance company is offering me?

My daughter uses it to get to school and now we are down a car and they say I have to give the rental back.

Asked on November 19, 2012 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You don't have to take the insurer's offer if you believe it is too low, but instead have the right to sue the person who hit your car for the amount you think correct (e.g. the cost to repair; or the blue book value if your car was a loss; possibly rental costs while you are without a car). The problem is, a lawsuit is the only way to recover more money than they are voluntarily offering to pay; since not only are lawsuits not certain (you could lose, or get less than you want), but they take time and cost money, it is often worthwhile to accept less money than you'd like to avoid litigation.


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