What is the name of your state? California
I was in a traffic accident ten months ago in which my car was totaled. The at-fault driver had the minimum $10k property damage coverage. So the $10k was split between me and the other driver who was not at-fault. The other not at-fault driver's damages were $12.8k, and my damages were $6.7k according to the at-fault driver's insurance company. The offers were $6.6k for the other driver, and $3.4k for me.
Can I take the at-fault driver to small claims court for the difference between my damages and what his insurance company has offered me? The impound fees for my totaled car and other costs to replace my car with a comparable car amounted to $11.5k. Can I sue for all the costs to replace my car or just the fair market value of my totaled car? Should I agree now to accept the $3.4k that has been offered to me? Thanks for any replies.
I was in a traffic accident ten months ago in which my car was totaled. The at-fault driver had the minimum $10k property damage coverage. So the $10k was split between me and the other driver who was not at-fault. The other not at-fault driver's damages were $12.8k, and my damages were $6.7k according to the at-fault driver's insurance company. The offers were $6.6k for the other driver, and $3.4k for me.
Can I take the at-fault driver to small claims court for the difference between my damages and what his insurance company has offered me? The impound fees for my totaled car and other costs to replace my car with a comparable car amounted to $11.5k. Can I sue for all the costs to replace my car or just the fair market value of my totaled car? Should I agree now to accept the $3.4k that has been offered to me? Thanks for any replies.