If I accept payment from other drivers' auto insurance company, can I still appeal it or a file lawsuit later

[Mark_A]

Should I accept payment for repairs at 85% coverage (they claim I was 15% at fault) and have my car repaired, and then file a complaint with Georgia Office of Commissioner of Insurance (or if that fails then sue in Small Claims court), or does accepting the payment bind me to accepting the 85% coverage settlement? The car is perfectly drivable without the repairs.

 

[adjusterjack]

Mark_A posted a video down the street, showing the other driver at fault. He has no collision coverage.

My response:

1 - There is no question from the video that the other driver was 100% at fault.

2 - The other driver's insurer is not your insurer and owes you nothing until and unless a court of law says otherwise. Meantime, they have done nothing wrong or illegal in offering you 85%. A complaint to the insurance department will get you nowhere. A lawsuit against the insurance company will get you nowhere.

3 - If you accept 85% that's an enforceable settlement and you would have no right to any more money.

4 - If you want to sue, you decline the offer and sue the driver, not the insurer) for 100% of your claim and show the video to the court. Based on the video, I think you will win. No guarantees, of course. You file in the county where the accident occurred or where the defendant lives.

 

[LdiJ]

Mark_A posted a video down the street, showing the other driver at fault. He has no collision coverage.

My response:

1 - There is no question from the video that the other driver was 100% at fault.

2 - The other driver's insurer is not your insurer and owes you nothing until and unless a court of law says otherwise. Meantime, they have done nothing wrong or illegal in offering you 85%. A complaint to the insurance department will get you nowhere. A lawsuit against the insurance company will get you nowhere.

3 - If you accept 85% that's an enforceable settlement and you would have no right to any more money.

4 - If you want to sue, you decline the offer and sue the driver, not the insurer) for 100% of your claim and show the video to the court. Based on the video, I think you will win. No guarantees, of course. You file in the county where the accident occurred or where the defendant lives.

This is excellent advice but be aware that it could take as much as a year (maybe even more) to get your money if you have to go the court route. Therefore, keep that in mind when you make your decision as to whether or not the 85% is acceptable or not. Since your car is perfectly drivable 15% might be only a few hundred. Is that worth waiting as much as a year or more? If it is, then go for it. If it is not, then consider accepting the 85%.

 

[Zigner]

This is excellent advice but be aware that it could take as much as a year (maybe even more) to get your money if you have to go the court route. Therefore, keep that in mind when you make your decision as to whether or not the 85% is acceptable or not. Since your car is perfectly drivable 15% might be only a few hundred. Is that worth waiting as much as a year or more? If it is, then go for it. If it is not, then consider accepting the 85%.

Once (if) the OP wins, the other driver's insurance will pay the judgment amount. Why do you feel it will take so long?

 

[adjusterjack]

This is excellent advice but be aware that it could take as much as a year (maybe even more) to get your money if you have to go the court route. Therefore, keep that in mind when you make your decision as to whether or not the 85% is acceptable or not. Since your car is perfectly drivable 15% might be only a few hundred. Is that worth waiting as much as a year or more? If it is, then go for it. If it is not, then consider accepting the 85%.

Excellent point. But there is another side to the coin. A lawsuit in small claims court is an expensive hassle for an insurer. The insurer owes a defense for its insured. The insurer would have to hire a local attorney or send an employee (from Chicago?). Texas Rules of Civil Procedure 500.4(b) allows a corporation to be represented in small claims court by an employee, owner, officer, or partner of the entity who is not an attorney.

(Note: Chicago and Texas gleaned from Mark_A's post down the street.)

Insurers don't like to admit it but the potential cost of litigating a disputed claim is in our thoughts.

Strategically, file the suit and somebody at the insurance company will have to decide if it's worth the expense to litigate over a few hundred dollars.

Besides, small claims court rarely takes more than a month or two. That's how it's designed. Informal and fast.

And, as Zigner notes, the insurer pays the judgment.

 

[Mark_A]

This is excellent advice but be aware that it could take as much as a year (maybe even more) to get your money if you have to go the court route. Therefore, keep that in mind when you make your decision as to whether or not the 85% is acceptable or not. Since your car is perfectly drivable 15% might be only a few hundred. Is that worth waiting as much as a year or more? If it is, then go for it. If it is not, then consider accepting the 85%.

Waiting for the money is not a problem. Justice is my number one priority. I will also start a social media campaign starting with YouTube. There are many YouTube creators who do accident complication videos, and one has already asked for permission to use mine. This will end up being very bad publicity for the insurance company.

My time is also not a problem, as I am retired, and always had an interest in the law, and look forward to Small Claims Court.

BTW, here is the video:
Dashcam of Accident

 

[Mark_A]

Excellent point. But there is another side to the coin. A lawsuit in small claims court is an expensive hassle for an insurer. The insurer owes a defense for its insured. The insurer would have to hire a local attorney or send an employee (from Chicago?). Texas Rules of Civil Procedure 500.4(b) allows a corporation to be represented in small claims court by an employee, owner, officer, or partner of the entity who is not an attorney.

(Note: Chicago and Texas gleaned from Mark_A's post down the street.)

Insurers don't like to admit it but the potential cost of litigating a disputed claim is in our thoughts.

Strategically, file the suit and somebody at the insurance company will have to decide if it's worth the expense to litigate over a few hundred dollars.

Besides, small claims court rarely takes more than a month or two. That's how it's designed. Informal and fast.

And, as Zigner notes, the insurer pays the judgment.

I am in Georgia, not Texas. The insurance company is listed as a Foreign Insurance Company with the Georgia Sec of State (meaning registered to do business in GA, but no physical location). They are required to (and do) have a registered agent in GA. All of this I got from the company registration at the GA Secretary of State site.

 

[adjusterjack]

Right, Georgia, don't know why Texas came to mind.

Georgia requires a corporation to be represented by an attorney in small claims (magistrate) court.

 

[Mark_A]

Right, Georgia, don't know why Texas came to mind.

Georgia requires a corporation to be represented by an attorney in small claims (magistrate) court.

But I would be filing suit against the other driver, right?

 

[LdiJ]

Once (if) the OP wins, the other driver's insurance will pay the judgment amount. Why do you feel it will take so long?

File the case, get a court date, possibly have continuances, get an award, get paid. It all depends on the details. If it ends up being small claims court, or staying in small claims court it could be a lot faster, but if it is too big for small claims or doesn't stay in small claims then it really could take that long.

 

[adjusterjack]

But I would be filing suit against the other driver, right?

Yes, but his insurer will be hiring the attorney to represent its insured.

 

[adjusterjack]

If it ends up being small claims court, or staying in small claims court it could be a lot faster, but if it is too big for small claims or doesn't stay in small claims then it really could take that long.

Mark_A's repair costs are estimated between $3500 - $5000.

The cost of an attorney to the insurer will certainly exceed 15% of that. Removing the case to a higher court, if allowed, would escalate those costs.

 

[Mark_A]

The case would be in Forsyth County Georgia Small Claims Court, where suits up to $15,000 can be handled. Both drivers reside in that county. I checked the court website, and they have video equipment and connections to display my dashcam video, and I can go in ahead of time and test the equipment.

The biggest concern I have is that they may want to try and total my car, which is only worth about $6,000 at most.

 

[Mark_A]

Also, if I accept 15% liability (get 85% of my damages covered by other drivers' insurance), then that opens me up to a claim against my insurance company for 15% of the damage to the other car, which was more extensive. Apparently when the other driver swerved into me by sharply turning his wheels, the suspension system and steering of the other driver was damaged, because his car had to be towed.

 

[quincy]

Georgia rules on “fair and equitable” settlements (unsure if there have been recent amendments to the rules):

https://rules.sos.ga.gov/goc/120-2-52