Should I sue the driver or his insurance company?

Asked over 2 years ago - San Jose, CA

When I was stopping on red light, a car crashed to my car. I immediately felt very painful in my lower back and couldn’t move at all. The doctor suggested to take 3-week physical therapy and acupuncture treatment. After 3-week treatment, I wasn’t fully recovered, and then a 2-week extended treatment followed. I also had my car damage estimation $1240.57.
Allstate Indemnity Company sent their inspector to check my car damage, and left behind an estimate of $364.44, saying that they can only cover part of the damage on the rare bumper since there were some previous damages on it. The so-called “previous damages” are some screw marks from other vehicles’ license planes. Then, they send me a check of $300, saying that since the car damage was so minor, there couldn’t be any bodily injuries.

Attorney answers (6)

  1. John Robert Sauter

    Contributor Level 11


    Lawyers agree

    Answered . Consult with an experienced personal injury attorney in your area. The attorney will review your claim, compile your medical expenses, and contact the insurance company on your behalf to discuss fair compensation for your injuries.

    Should you not be pleased with the insurance company's offer, you, through your attorney, would file suit against the individual. The terms of the individual's policy will likely dictate that the insurance company would provide that individual with legal representation.

    Disclaimer: This does not constitute legal advice. No attorney-client relationship has been formed through this... more
  2. Elizabeth Smith-Chavez

    Contributor Level 12


    Lawyers agree

    Answered . Asuming that Allstate is not your own insurance company but rather is the insurer for the person who hit you, your claim would generally not be against the insurance company. Your claim is against the person who hit you. You need to talk to an experienced local personal injury attorney before you sign anything.

  3. Randy William Ferguson

    Contributor Level 19


    Lawyers agree

    Answered . Thats Allstate. Property damage has very little to do with personal injuries. Talk to an attorney. You can have significant injuries with minor property damage.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  4. Norman Gregory Fernandez


    Contributor Level 15


    Lawyers agree

    Answered . You should consult with an attorney on your case.

    My law firm handles car accident cases all over the state of California. You can read about these cases at . 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
  5. Douglas J. Schiffer

    Contributor Level 5

    Answered . You should contact a personal injury lawyer in your area. The fact that the damage to your vehicle appears to be minor may propose a problem in finding a lawyer to take your case. These types of cases which are known as minor impact have become increasingly difficult to litigate.
    Small claims is also an option. You would not need a lawyer, and you could recover up to $7,500. Under either scenario you must always sue te insured not the carrier.

  6. Anthony Dean Castelli


    Contributor Level 10


    Lawyer agrees

    Answered . Property damage in Ohio in front of a jury is significant . In other words if there is little damage jurors wonder how you got hurt. Alhhough it happens all the time.
    Get an attoreny in your jurisdiction to help you if you can find someone. I see Norman Fernandez responded and if you are lucky enough to get him to represent you I think very highly of him .

    This is not legal advice. You should always contact a lawyer in your jurisdition for legal advice

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