Taking Insurance company to small claims court.

[unarmedone]

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

My vehicle was in a fire and totaled by a waste management company. I have been paid for the truck but there is a dispute for the items that where in the truck at the time of the fire. I had a competition car stereo in the truck the insurance company is willing to pay $3400 for the items in the truck. I have an itemized list before and after pictures of the car stereo and valuables that where in the truck at the time of the fire. I even have video from the fire departments truck of the fire. The total cost of the itemized list of the truck where over $7200. I have even asked for the insurance company to send out an arborist to look at the tree that was damaged in the fire. The insurance company has said I should have told them about the tree when I made the claim at the time. The fire happen in February so the tree was dormant at the time so we could not tell if it was damaged by the fire.

I was wondering if I where to go to small claims court and lost the case would i also loose the $3400 offer from the insurance company. Is it worth fighting an insurance company or the company of the waste management group that caught my truck on fire. Could I ask for more than the items are worth since I am a small business owner and had to close my business to attend to the insurance matters from the fire.
Thanks

 

[FlyingRon]

You have no cause of action against the insurer. You'll have to sue the truck owner/operator. You also need to check to see if you didn't agree to waive further claims when you took the money for the truck.

 

[Zigner]

You aren't entitled to what the items "cost" you, you are only entitled to their value at the time of the loss.

 

[unarmedone]

I have not signed a release form of any type. The insurance company wants me to sign the waiver before I get the last check.

So my question is now can I take the waste management company to court for the difference of what the insurance is willing to pay.

 

[FlyingRon]

You can take the company to court for the difference between your actual, allowable damages and what has been paid provided you've not waived further claims.
As pointed out, you only get the depreciated value of the items in the truck, NOT what they would cost you to replace.