I was an accident and my insurance company at the time says they will pay for the repairs, but only to a certain extent. I feel they are being unfair and stating that some of the scratches and dents are not consistent with my accident which is not true even the body shop said that they are screwing me over. I want to see what I can do about suing them for the complete damages.
Personal Injury Lawyer
The answer to your question is in your insurance policy. It may require a process such as arbitration to resolve your dispute. If so, read to see if the insurer is required to pay the cost of arbitration. Be sure to comply with the terms of your policy.
Get your own independant appraisal and opinion as to the damages. Fax it to your insurer with a cover letter "reserving rights under the policy" and demanding payment consistent with your that opinion--assuming it is in your favor.
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Mr. Rizk is largely correct, your rights depend on the policy. You may be restricted to bringing a claim in arbitration only, or can only bring a claim in a certain location.
Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.