Low Ball Evaluation, At fault Insurance fails to negotiate

by Jeff M
(Wenatchee, Wa)

My wife, 4 year old son and mother in law were t-boned when another driver fell asleep at the wheel and crossed the center line struck them in the divers door. The other drivers insurance company accepted liability.

They declared our car a total loss. They provided evaluation from CCC that were way too low and out of the area. We clearly showed this to the adjuster that the comparable vehicles were more than 175 miles away and did not have same features.

We also showed them that the report was inaccurate because we called these places and 90% listed on the evaluation were sold for wholesale prices. We provided the adjuster with 3 comparable vehicles in our principal area that were 3k-5k higher than his evaluation. He refuses to accept them and will not budge from his settlement offer. We have given him 3 offers and even lowered our price by 2000.00 He still refuses.

How can we take the insurance company to small claims court to get what we feel we are owed since insurance can not go to small claims? Also we have personal injury claims that we have not even addressed yet. By going to small claims do we lose those rights if we are not given what we are owed on the personal injury?

Answer:

Hello,

You want to talk to a lawyer. Yes, if you go to small claims court, you may lose your rights for the injury claim. Please see:

http://www.auto-insurance-claim-advice.com/small-claims-court.html

You do not take the insurance company to court. You take the person who hi the car. They are the ones that have to answer to you.

Also, consider filing a complaint with the Washington insurance commissioner.

I hope this helps.