Lawsuit after rear-end collision

[Hiigara]

What is the name of your state (only U.S. law)? Missouri

This accident happened December 30th, 2008. I've been working with the Dept of Insurance, and Better Business Bureau since then to try to settle this claim to no avail. I was rear-ended by the other driver, hard enough to cause what, according to their shop was $2600 in damage, and other shops $5000-5500. After the inspection, I called and was notified they were already in the process of sending me a check for $2600. I refused the check and requested that they repair my vehicle. I dropped it off at their shop, and received a call a week later saying they were totalling my vehicle.

My truck, a 1998 S-10 worth approximately $4600 (not including add-ons or upgrades) at the time of accident, is being valued at $2400 by the other driver's insurance company. They have assumed fault, but despite proof of the value of my vehicle, refuse to budge past this amount...I have worked them up from the original $1500 they offered me (These are the values including buyback, $500 for my now-totalled vehicle. I am only asking $4100 after buyback.)

They're claiming that if I fax them my title, it will not be considered as accepting their settlement, but will allow them to process a "good faith" payment. I plan on filing a lawsuit in small claims court, but I was wondering...do I accept their $2500 and THEN sue the other driver for the remaining value, or do I just sue the other driver for $3000 (the maximum I can get from small claims court in the jurisdiction)?

Thanks in advance

 

[Mass_Shyster]

If you accept their payment, you almost certainly cannot sue for more.

Find a lawyer and go for a free initial consultation. He or she can probably quickly determine what you can get. Call up a Kelly Blue Book value on your truck, and bring that with you.

Or you can let them know you will give them one final chance to meet your terms before you seek legal advice. Sometimes that will jolt them.

good luck

 

[ecmst12]

Kelly blue book is useless for determining the real world value of a real world privately owned vehicle. I hope that's not how you're determining the value.

If the insurance company issues a payment without a signed release from you, then they're morons. But if you don't sign a release, then you're not barred from suing. Even so, I wouldn't suggest cashing the check if you're planning on suing. Take the check to court with you.

 

[Hiigara]

Value I'm claiming is based on almost $10,000 of receipts, NADA, KBB, and more importantly vehicles comparable to mine in the local area, even ones used on the CCC Valuescope report they gave me. The value they're claiming my vehicle is worth is even below NADA Scrap value for my vehicle.

 

[JustAPal00]

Here in PA that truck is 5K max! 10 year old S-10 LS with 52K miles at the car lot across the street, they're asking $4,999.00, and they'll take less!

 

[ecmst12]

Was there pre-existing damage?

 

[Hiigara]

No pre-existing damage, literally the only "bad" spot on the vehicle was a cracked door seal (which I was going to get a new one of when she hit me...). Their own adjuster, when he inspected the vehicle, was highly impressed at the paint condition and rated the vehicle at dealer-ready for everything but the floor (when I got it, it was a base model-rubber floor, not carpet...it's now basically an LS/SS)


JustAP-$5,000 there, S-10's are seemingly like gold here, people won't budge below about $4000 minimum for a half-rusted out one no matter if it's the 80's-95 or 96-03 series (not that I blame people, we have 3 including my wrecked one, and I don't plan on ever buying anything else)