If the insurance adjuster is trying to low ball me, is my next option to file a complaint against the other driver?

Asked over 2 years ago - Santa Monica, CA

The insurance company accepted liability and they are currently disputing damages in a past auto accident claim. I feel like a jury verdict reward will be substantially higher than what they are currently offering me. Is my next option to sue the individual responsible? If so, will the insurance provide legal representation for the individual? Damages are over 10k

Attorney answers (5)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    23

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    chosen by asker

    Answered . Yes, if you do not accept the low ball settlement offer, your next step is to file a lawsuit against the other driver, and then have the summons and complaint served upon him or her.

    if the other driver tenders the defense to his or her insurance carrier, the insurance carrier is obligated to defend and indemnify (which means yes, they will provide legal representation for him or her).

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    20

    Lawyers agree

    Answered . A jury verdict may be larger, but can always be appealed. I assume that you have a lawyer and are not trying to negotiate yourself, as you would only get a nuisance settlement. If you don't have a lawyer, get one from Avvo, so you can get maximum compensation.

    Free Consultation. 1-877-258-3083. Serving the Nation. Only 29% Fee Deducted.
  3. Jeffrey Michael Padilla

    Pro

    Contributor Level 13

    18

    Lawyers agree

    Answered . Your next option should be to set a meeting with a trial attorney who can discuss the circumstances of your case with you and give you a better idea of what to expect in front of a jury.

    Every case is unique and while the insurance company is most likely low balling you, this doesn't necessarily mean that trial is always the best option.

    Your consultation should be free of charge and you have no obligation to retain the attorney you speak with.

    To answer the questions you ask; yes, if you are not willing to accept the offer made, the next step in the claim process would be to file suit against the defendant. Also, yes, the insurance company will provide the defendant with representation.

    Good luck.

    This response applies to California Law only and does not create any legal relationship between the attorney and... more
  4. Jeremy Laurence Tissot

    Contributor Level 8

    18

    Lawyers agree

    Answered . You have up to two (2) years to file a lawsuit assuming this accident happened in California. You should certainly consult with an experienced personal injury attorney in your area regarding representing you on this matter and filing suit on your behalf. The opposing insurance company will appoint insurance defense counsel (either in-house or outside counsel) to represent the other person in the accident and it will be important to have a good lawyer to deal with that attorney and all of the other matters that arise in litigation. I have handled injury cases for 18 years in your area. Please feel free to contact me for a complimentary consultation. Email: jtissot@tissotlaw.com

  5. Norman Gregory Fernandez

    Pro

    Contributor Level 15

    17

    Lawyers agree

    Answered . My law firm handles car accident cases all over the state of California. You can read about these cases at http://www.thepersonalinjury.com . If you want to discuss your case, you may call me for a free consultation at 800-816-1529 x. 1.

    No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices... more

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