My vehicle was totalled by another driver. Insurance company gave a low number. What to do now?

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My vehicle was totalled by another driver. Insurance company gave a low number. What to do now?

My truck was in shop for repair work. Garage mechanic/owner test drove my truck and was hit in rear by third person. I was not involved but now I have no vehicle. Third person did have insurance and wants to pay me 400 for my loss. Granted it was a ’94 Ford truck with 250,000 miles. Any advice?

Asked on July 6, 2018 under Accident Law, Virginia

Answers:

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

Answered 6 years ago | Contributor

Your recourse when you are dissatisfied with the settlement offer from the at-fault party's insurance carrier is to reject the settlement offer and sue the at-fault party for negligence.
You may be able to file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.


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