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

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

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