Legal Question in Insurance Law in California
If I was rear-ended in a collision at no-fault and the insurance company is only offering $2000 for the claim, would I have to file a lawsuit to claim more payment?
1 Answer from Attorneys
Possibly. Getting in a no-fault auto accident isn't a winning lottery ticket. You have to prove your damages. If you have proof that would stand up in court that you have more than $2,000 in damages, most insurance companies won't pay lawyers to fight you in court. They'll settle with you without a lawsuit. If you're asking for more than you can prove at this time, they won't pay more. The damage to your car should be easy for both you and the insurance company to agree on, since a body shop will tell you the cost. If you have personal injuries, you'll have to prove medical expenses, other out of pocket expenses if any, lost pay from being off work, if that happened. If you don't have personal injuries that cost you out of pocket expenses or medical bills and the like, the insurance company will not give more than a token payment for general damages because they know a jury would enter a judgment in their favor. If you do have personal injury expenses and losses you can prove, you should try to prove them to the insurance company before going to court. They should be willing to pay what you can prove plus 2-3x that amount for pain and suffering, depending on the type and severity of the injury. But if you have no personal injury expenses, $2.000 plus fixing your car is a pretty fair offer.
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