Automobile Accident

What is the name of your state? Oregon
We were sitting at a Red Light, one car ran the red light (the driver was sited for running that light) that car hit the second car (who was going through the intersection (his light was green) when the first car hit the second car, the second car spun into us and then the first car hit the second car again and continued and hit us again sending us up onto the curb and into a street sign...we were just sitting there. Our vehicle was totalled and the insurance is offering us $1500.00 less than Kelley Blue Book...I was taken to the hospital to check for broken bones...am still in pain...I want to know if we should sue the driver of the first car to obtain compensation for the 1500.00 and the pain and suffering incurred. She ran a redlight, caused a major accident and we were innocent.

[JETX]

1) Contact your insurance company and get them involved.
2) If you are still unsatisfied, you can file a lawsuit against the driver that caused the damage (from your post, that would be driver #1). However, you need to realize that drivers insurance company will provide an attorney to the defendant and if you don't have one also, you will be at a huge disadvantage.

Why would her insurance provide her with an attorney...if we file a civil suit on her personally for the remainder of the responsibility? We both have the same insurance companies!

[JETX]

"Why would her insurance provide her with an attorney...if we file a civil suit on her personally for the remainder of the responsibility?"
*** Because part of the insurance coverage is to defend the policyholder against claims made against them.

"We both have the same insurance companies!"
*** And that means what??

I do not know what having the same insurance company means...I am at a loss, I know nothing of what to do???

[JETX]

From my FIRST post....
"1) Contact your insurance company and get them involved."

We have contacted our insurance...we only had Liability on our truck. My question once again is if we do not get satisfaction from the insurance company, can we file in small claims court for the remainder of the reimbursement for our truck which is worth 5500 and they offered us 3300. We would file a small claim against the driver who was cited for running the red light and who is responsible for our truck being totalled.

Your insurance policy is not the issue here. It's the Driver of car #1 who's insurance policy is important.

It doesn't matter if you both have the same insurance carrier. Your insurance company must provide you with legal representation if it so stipulates in your policy. In this case, since you both have the same insurance company, they will be providing both sides with legal representation.

Yes, if you do not get fair compensation for your damaged vehicle and there is a difference you can sue in small claims court (up to the statutory limit of the court) for the difference. And you would sue Driver #1

[JETX]

This has been going on long enough.... lets cut to the chase.

1) It doesn't matter what you feel the car is worth, or how much you owe on it. The insurance company is only obligated to give you 'fair market value' of the vehicle in the condition and mileage IMMEDIATELY prior to the accident. If you feel their value is under market, do some research. Find comparables in the paper, in the NADA, Kelley, etc. and present them to the other drivers insurance.

2) If you do not feel that the insurance companies offer is fair, don't accept it. If you do accept it, the insurance company is going to get you to sign a release and that release will bar you from any additional claims against their client.

3) If you still don't feel that they are offering 'fair market value', you will have to sue the other driver for the full amount of damages you feel you have suffered. If this amount is over the small claims limit in your state ($5000 in Oregon), then you will have to pursue your claim in a higher court.

4) The reason I suggested you get your insurance company involved is that IF you had coverage, they would have stepped in and helped you to settle the case (as part of their coverage to you). You don't have comprehensive insurance, so this is moot.

So, your choice, accept their offer in settlement of all damage claims, or sue them in court. You can't do both.