What are the procedures for settling a car accident personal injury lawsuit

Don't cash the check unless you are willing to accept it as full payment. The insurance companies look to the market in your area to determine the value of a particular vehicle when it has been totalled. You are not required to accept whatever they are willing to pay. You should let them know about any upgrades that you have on/in the car. Also, do your own homework and see if you can find a car similar to yours for sale in the area. If you find one or more cars like yours in the area, check the price. If it is $1,000.00 or less, then the insurance company is accurate. You can replace your car for $1,000.00. If the car(s) is(are) more expensive than $1,000.00(more likely), then take that information to the insurance company and demand that they pay what the car was actually worth. If worst comes to worst, take the guy that hit you to small claims court and sue for full value.
Good Luck

David C. Beyersdorf

If you cash the check, you are likely to be deemed to have accepted the $1,000 as a full and final settlement. Therefore, you should probably hold the check untill you are in agreement with the insurance company about the amount. Under the California Insurance Code, an insurer may elect to pay a property damage claimant such as yourself the lesser of the fair market value of the car, or the cost of repair. So if it costs more to repair your car than its worth, the carrier may elect to pay you the fair market value. If, on the other and, the cost of repair is less than the fair market value, the carrier will pay the cost of repair. Nothing herein constitutes the formation of the attorney/client relationship. If you need more information or help, I suggest you hire an attorney.

The law for property damage is as follows; you are entitled to get your car repaired up to the fair market value of the car. If the repair cost exceeds the fair market value, you are only entitled to recover the fair market value of the car. Fair market value is not blue book, but what similar vehicles, in similar condition are selling for in your area. I suggest that you go to a site such as autotrader.com to see your year, make, model, mileage car is going for in your area.

In the end, either you take what they are giving you, retain a lawyer to sue the defendant, or you can sue the defendant in small claims court for your damages.

If you cash the check, you will have accepted their settlement terms.

Norm