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
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