Should I settle?

UPDATED: Sep 30, 2022

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Should I settle?

I was in an auto accident where other driver
hit me. Him and his insurance company
accepted 100 liability. His insurance
company had my vehicle appraised by sending
me to a repair shop where the mechanic got on
Skype and showed some video of damages to the
actual appraiser who is on the other side of
the country. This clearly was not a
comprehensive inspection and I watched as
they avoided showing certain damages on Skype
even as I tried to point them out. Their
offer was for 1,700. I had my vehicle
inspected by my repair facility and told them
I’d pay cash and to try to keep the estimate
as low as possible for me. Their complete
estimate was for 3,700. The insurance
Adjuster has told me to take or leave the
1,700, they won’t negotiate and have a great
day. I’ve declined the offer and countered
with my documents and a demand for full
payment of vehicle repairs of 3,700. They
still refuse to negotiate and have only sent
me a letter stating they are waiting for
acceptance of 1,700. Should I push for
negotiation? Is there any hope or do they
hold the cards?

Asked on March 27, 2017 under Accident Law, Nevada


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

Answered 5 years ago | Contributor

Since the insurance company refuses to negotiate and the settlement offer is unacceptably low considering the property damage estimate you received from your repair facility, your only recourse is to reject the settlement offer and sue the at-fault party for negligence.

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 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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