Claim settlement offer too low. What now?

#1 09-11-2002, 04:57 AM

What is the name of your state? Nebraska

My pickup was hit by a semi while parked in a lot. The freight company he worked for wanted to pay the damages themselves, but forwarded the claim to their insurance based on amount of estimate. The insurance company had a free-lance appraiser write an estimate for them. The estimate I sent was for $3000.00 and did not include rental reimbursement. Their estimate was for $1100.00 and they sent me a copy of the appraisal along with a check for that amount. After a little personal research I notified them that Nebraska law (Title 210 Ch 60 9.04) addresses this situation and they have three choices: pay me the difference between their appraisal and the estimate I sent, “promptly” notify me of a body shop that will do the work for the amount of their appraisal, or negotiate with my body shop for a price they will pay. My body shop has refused to lower their price by 2/3. Their adjuster said they will not find a body shop for me, they won’t pay the difference, and they consider the claim closed. I only have liability insurance so subrogation is not a possibility. The freight company is in Illinois, the insurance company is in Florida and the driver is working a local run here in NE.

So far the insurance company has done their best to be difficult and prolong this. Where do I go from here? Is there any great secret to negotiating a fair settlement? Should I go through the DOI and spend more time without a vehicle? Try to find a lawyer who will take a case with this low an amount? Cash the check and go to small claims court for the difference? Who do I sue, the driver, the freight company, the insurance company? Any suggestions?

racer72 · #2 09-11-2002, 08:36 AM

Return the check and sue for the full amount. Cashing the check could be considered acceptance of the settlement offer. You will sue the trucking company, not the insurance company. The insurance company will represent the trucking company in court though. The amount should allow you to use small claims court too. Sounds like you have done your homework and that you will be successful. Good luck.