Legal Question in Insurance Law in California

unfair offer for my truck for the at fault drivers Insurance Company

My daughter was broadsided at an intersection which the at fault drive was cited for failure to remain stopped and proceeded unsafely into the intersection. Her (the at fault driver) Insurance company has totaled her truck and is only offering � the value of the truck. I went online and found that for the truck that she owned (1995 Blazer) were going for $7000-$8000 and the Insurance is only offering $4000. What recourse does she have? I bought that truck for her in Nov 2004 for $7100 and it was in very good condition prior to the accident. Can she sue the Insurance company and the at fault drive for the fair market value of the truck?


Asked on 7/07/06, 2:36 am

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: unfair offer for my truck for the at fault drivers Insurance Company

Looking on the internet is a great start to figuring out what the truck is worth. You should also call dealers and see if you can get written estimates. Once you do this, ask the insurance company for the ADP or CCC report. This will tell you how the insurance company is determining the value of the truck. They may not be including the right equipment or they may have the wrong trim line for the truck. Check these things. If they are right, you may want to consider a complaint to the department of insurance. If that does not work, your daughter can sue the driver and the owner of the other vehicle in small claims court for up to $7,500 or she can retain an attorney. It may be hard to find an attorney if this is only a property damage claim.

You may want to read more about figuring out the value of the vehicle, and other damages that your daughter can claim, at my blog, www.calpiblog.com

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Answered on 7/10/06, 6:35 pm


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