After another car backed into my car, I filed a claim against the insured driver that hit me. His insurance accepted liability

Asked over 1 year ago - San Francisco, CA

for that loss and the total amount that I was entitled to (in order to get my bumber fixed) was $900. But then, the insurance company said that because I had another damage (on a separate part of the bumber) that they would only give $80. I am tempted to file a Small Claims case against their insured. Do you think that the insurance company - once they see that a Small Claims case has been filed - might come forward and give me a better offer? Many thanks.

Attorney answers (6)

  1. David Lee Fiol

    Contributor Level 17

    6

    Lawyers agree

    Answered . It could help if you have a good argument to present in court, but it's hard to say based on the facts you provide.

  2. Lars A. Lundeen

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Certainly.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  3. Philip Anthony Fabiano

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . Certainly there is expense to the insurance company in defending a $900 claim. The expense may be greater than the value of your claim. This will not necessarily mean they will settle with you.
    Either way, you are doing the right thing. The damage they are claiming decreases the amount of their offer is on a different part of the bumper. Bring your proof, bring your pictures, bring your estimates and you should be fine.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . Likely, yes

  5. Joseph Leonard Ciaccio

    Contributor Level 12

    4

    Lawyers agree

    Answered . I wouldn't bet on it - but I guess it could be possible.

    Joseph L. Ciaccio is a New York attorney with the Law Offices of Joseph M. Lichtenstein, P.C. (medicalattorneyny.... more
  6. Bruce M Squire

    Contributor Level 12

    3

    Lawyers agree

    Answered . Maybe, maybe not. Insurance companies will often spend more to defend claims than they would spend by settling a claim. You can't count on a settlement just by filing a lawsuit

    This answer is for general education purposes only. It does not create an attorney-client relationship nor is it... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

21,936 answers this week

2,946 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

21,936 answers this week

2,946 attorneys answering