Insurance Company low-balling me!

I had a company large truck hit my boat trailer and cause damage as I was waiting at a red light..and the truck was making a right turn.

The companys insurance provider has given me a check for the damage,but its way below what I would need to put the trailer back to the condition it was in before the wreck. I sent the insurance company 2 estimates that were much higher and pictures of the trailer, but they just told me that was all they would give me.

They are not even covering the tires that were scraped by the trailer , but they are covering the custom rims that were scratched.The frame was bent and they don't have that on their estimate either.The adjuster said that unless my "nice" trailer tires are not flat..then they are "OK".I figure they still owe me at least $600.00

Is this a case I should take to small claims against the company..and if so,do I file against there office in Dallas or their headquarters in San Antonio?

and of course you never filed with YOUR insurance company right?

"Is this a case I should take to small claims against the company"
*** Yes... and no. You certainly have the right to pursue your claim with a small claims court. However, you file against the driver who caused the accident (the company) and not against the insurance company. The insurance company will then hire an attorney to represent their client in your suit. This means that, without an attorney, you will be at a clear disadvantage against an experienced attorney.

"and if so,do I file against there office in Dallas or their headquarters in San Antonio?"
*** See above.

No,I didn't file with my insurance becuase it was clearly their fault,and I had a witness with me and another that stopped to give me their phone number to say that they saw everything.

As far as a lawyer,I thought you couldn't have one in small claims court.
If what you are saying about a lawyer is true,then why would anyone ever take a case to small claims court?
Or,why should it be true if you can find the facts on the state law about the case and show that.

From what I have read this would fall under "bad faith" for one and "diminished value" for another.
The Law states "in Texas" that you are entitled to a fair compensation for your damages. And that they should return your vehicle to pre wreck condition.

Terry

And because you didn't inform your insurance company and it's in Texas, I'm going to pass. Jet will be here in a moment

"As far as a lawyer,I thought you couldn't have one in small claims court."
*** You 'thought' wrong. Any party can have attorney representation in Texas small claims.

"If what you are saying about a lawyer is true,then why would anyone ever take a case to small claims court?"
*** You're kidding, right???

"Or,why should it be true if you can find the facts on the state law about the case and show that."
*** HUH???

"From what I have read this would fall under "bad faith" for one and "diminished value" for another."
*** Wrong. 'Bad faith' claim doesn't apply against the other parties insurance company. And the 'concept' of diminished value would be EXTREMELY hard to show for a trailer.

"The Law states "in Texas" that you are entitled to a fair compensation for your damages. And that they should return your vehicle to pre wreck condition."
*** Agreed. And the obligation is on YOU to prove that they didn't.

"The Law states "in Texas" that you are entitled to a fair compensation for your damages. And that they should return your vehicle to pre wreck condition."
*** Agreed. And the obligation is on YOU to prove that they didn't.

Well that's going to be easy to prove,."they don't have the tires or the rubber around the boat on the estimate. Both tires have raised white letters on them, and they are both clearly scraped.


Also, I am on a first name basis with my insurance company guy and I told him..I just didn't file a claim.

Why should I file a claim on my own insurance when it's not my fault?

"Why should I file a claim on my own insurance when it's not my fault?"

So that YOUR insurance company can provide you with an attorney to counter the other guy's attorney. If the other side is really at fault, then your insurance company is going to be able to collect all of your damages and their costs from the other guy's insurance anyway, so why NOT notify your insurance?

Now I'm confused!!
This insurance company has paid me with a check...
the problem is,The checks amount is to small to cover everything.
So I was checking on taking them to small claims court to get the diffrence.
Now..you say I need to call my insurance and put in a claim?

I guess I need more help than I thought!

Terry

Have you cashed the check? Did you sign anything that said that this was a final offer that waived any future claims?

No,I have not cashed the check{$902.00},and I haven't signed anything!

Terry

"So that YOUR insurance company can provide you with an attorney to counter the other guy's attorney. If the other side is really at fault, then your insurance company is going to be able to collect all of your damages and their costs from the other guy's insurance anyway, so why NOT notify your insurance?"
*** Sorry, but that is not correct.... since there is no question of fault and the other drivers insurance is already involved, the writers insurance won't be paying on this claim. And as such, will not be providing an attorney to the writer. Not even to 'counter' the other drivers insurance provided attorney.

Thanks jetx..that seems more like it.
One more question though...what happens if i cash the check to start on the work...do I lose my chance for small claims court?

Terry

"Thanks jetx..that seems more like it.
One more question though...what happens if i cash the check to start on the work...do I lose my chance for small claims court?"
*** If you look at the back of the check, you will very likely see that your endorsement and acceptance of the check releases them from any further property damage claims.

If you look at the back of the check, you will very likely see that your endorsement and acceptance of the check releases them from any further property damage claims.
__________________
###Nope,it doesn't have anything anywhere!!
It looks free and clear,unless just cashing it stops me from futher claims.

Terry