Legal Question in Personal Injury in California
Insurance Settlement - When to Sue?
I was involved in an auto accident caused by the other driver, who admitted 100% fault. She backed out of her driveway and hit me as I was turning into my driveway. No injury to either party. Both party's insurance companies are only willing to pay the ACV, Actual Cash Value(around $3,000)for my car which was declared totaled.I know this is their only obligation under CA State law. I've shopped around and cannot buy anything decent for that amount so I want to have my car fixed for $4,800-$5,000 (I have estimates). Do I have a right to sue the individual in small claims for the xtra $2,000 it would cost to repair my vehicle? I don't want to waste my time if the ACV is the only thing the courts recognize, but I just don't understand why I can't have my car repaired to the level it was before the accident, no matter what the ACV.
3 Answers from Attorneys
Re: Insurance Settlement - When to Sue?
Get adds from the local newspaper and other sources of car being offered for sale. Craig's list is probably not a good source as the vehicles there tend to be priced low. Take this information to the insurance company and present your case to the adjuster. I have sometimes been successful by asking to the adjuster to find a replacement vehicle in similar condition. This would be done in addition to the action in the other replies.
Re: Insurance Settlement - When to Sue?
You should also be able to recover for loss of use and value of temporary replacement vehicle.
Re: Insurance Settlement - When to Sue?
ACV is the most you are going to get for your car. However, as Mr. Cohen said, you can obtain loss of use for your vehicle. You should check the ACV closely. Insurance companies are known to give you the low value of a car. If you are dealing with your own insurance company, ask them to find a car for you for sale for what they are offering. If they don't do it, you should make a complaint to the Department of Insurance. If they do, you find a car. But no one is going to give you more than the value of the car.
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