Legal Question in Personal Injury in California

My car was totaled by another driver who damaged 2 other cars as well. My car was worth $5500 according to his insurance company.

His insurance company is only willing to pay me $1500 and wants me to sign a letter in which I would release all claims and actions against their client.

What should I do and what can the guilty driver's insurance company do if I refuse to sign the release paper?


Asked on 11/21/10, 1:43 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You could decide not to sign, and file suit in small claims court IF you can back up your claim for a larger sum. You can also make a claim with your own insurance carrier and let them slug it out with the defendant's insurance company, but that could take a while.

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Answered on 11/26/10, 12:03 pm
Steven Kuhn Steven Kuhn

No reason to sign. Make a claim under your own insurance policy if you have collision coverage and try and get your deductible back through Small Claims Court or sue the other driver and owner for the full amount of your damages.

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Answered on 11/26/10, 1:34 pm


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