Legal Question in Insurance Law in Virginia

Accepting their claim amount

While at work, my car was rear-ended. It was reported to the woman's insurance company. Their insurance agent stated that there was a pre-existing ''scratch'' on the bumper and because of that they would not pay the full estimated amount to have the bumper replaced and painted. I disagree since I would not have to have the bumper replaced and painted if not for this accident. Secondly, there is no ''scratch''. I do not believe I should have to settle for the amount they are suggesting, but the adjuster will not budge. What should I do?


Asked on 5/31/02, 3:29 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Accepting their claim amount

Did you get at least two estimates for the cost of the repair, and,if so, is it the lower one that the insurance company is refusing to pay?

If this is the case, you may reject their offer for settlement and sue the driver in small claims court. The insurance company will then send in their lawyers to remove the case to the general district court(since no lawyers are permitted to represent clients in this forum), whereupon,if there continues to be no settlement, the case

will proceed to trial on your claim.

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Answered on 6/01/02, 11:57 am


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