Legal Question in Insurance Law in North Carolina

Small Claims Court for Insurance Case???

on 1/26/05 my 2000 Ford F150 pick-up was hit head on by a tow dolly that came loose from another vehicle. There was no personal injuries. On 2/22/05 the insured's insurance agrred to pay 5200.00 to have my truck repaired. As of 3/8/05 I have not received any payment. I also requested 2400.00 for diminished value and 600.00 loss of use. The insurance company and adjuster seemed not to know what either of these were. I am considering filing a complaint in local court. Small claims court requires that all defenants be local to the county-does this mean I should just list the insured and not the insurance company? Any help or guideance would greatly be appreciated.


Asked on 3/08/05, 8:21 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Small Claims Court for Insurance Case???

Generally speaking, you would not list the Insurer, only the insured as the Defendant. The claim, however, may be a little premature. If they agreed to pay $5,200, then that amount should be coming. Also, they should understand loss of use. As for diminished value, you are entirely correct; if the vehicle has a diminshed value after being repaired, you are entitled to that too, but many adjusters do not understand (or perhaps like) this element of damages. You will be in a better position if you can get someone in the business to say (in writing) that the vehicle has a diminshed value. Some insurers may have a "rule of thumb" they apply for that value. As for small claims court, you may fare well there, but be wary, they will probably send an attorney (unless they settle with you first). You may want to consult an attorney to help you.

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Answered on 3/08/05, 12:44 pm


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