Legal Question in Civil Litigation in Washington
Mechanic caught my truck on fire and totaled it. 87 Ford F250 with tow package, barn stored and 80,000 original miles. His insurance wants to give us $2,700.00 which will not replace the truck. Can we accept the $ and then sue him for negligence to collect the rest? What is the limit for small claims? We have figured it will cost $8 to 9 thousand to get a truck.
1 Answer from Attorneys
This depends. Usually when the insurance company pays you off, they have you sign a release precluding your ability to sue them or their client for anything further. You ought to show the insurance company ads for similar trucks to see if you can convince them to up their settlement offer.
If you go to court, the limit for small claims is $5,000, so if you want to get $8-$9,000, you are looking at a District Court case, which can get more complicated.
If you do go to court, be ready to explain how your truck was worth more than the Kelly Blue Book or the NADA book's valuation of your truck if they do not show it as worth what you want. For example, if you have special equipment, your best bet is to show similar vehicles going on eBay for the same price you ask for, or listed on Craigslist, or an truck trader type magazines. Otherwise, I can almost promise you, no judge will give you more than the Blue Book value.
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