Legal Question in Insurance Law in California
Total Loss ACV settlement/BI claim settlement
So, here it goes. Will try to summarize as best i can.
I was rear ended on 2/3/2009 on the freeway, i was stopped and was hit from behind at about 45mph pushed into the car in front of me. My car and the car that hit me is a total loss. The car i was pushed into did not suffer major damage. Person who hit me did not have insurance. I have both UMPD(3500) and UMBI(25/50). This is in California. I am going through my own insurance company, and we have been back and forth over the ACV of my car. I have sent them documentation proving it is selling for more in the market area, they will not even look at it. They threaten to stop paying for storage in 5 days if i do not accept.
I hired an Attorney, and they think i should accept the offer and add more to my BI claim (soft tissue damage to ligaments in my neck, requiring extensive Chiro and PT for the next year). Should i accept as they state and add it to the BI claim? Should i ask them to file for bad faith/unfair practices? The Adjuster lied to us on the phone several times before we sought council. I want them to pay for what they are putting us through. Any help appreciated, thank you.
1 Answer from Attorneys
Re: Total Loss ACV settlement/BI claim settlement
Since you already have a lawyer, he is the one you should turn to for advice. He is in a much better position to evaluate your claim than we are.
Nothing you have said suggests that your insurer is acting in bad faith. Insurers are allowed to disagree with their clients about the value of a loss. It would be unjust to automatically treat such disagreements as bad faith, since that would mean the insured could force the insurer to accept the value he assigned to his own loss.
The law defines specific types of conduct as unfair business practices. I'm not an expert in this area, but I don't think you have very good grounds for such a claim. Not everything that is unfair qualifies as an unfair business practice. Besides, the fact that you consider the insurer's actions unfair does not mean a judge or jury will agree with you -- especially since your own lawyer apparently doesn't.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
