L
lasweetart
Guest
What is the name of your state? What is the name of your state? South Dakota
My daughter was involved in auto accident in my car. She was rear-ended while parked. All attempts to settle with lady's insurance have been futile. They offered me $1000 less than car is worth. Received partial payment in form of check (have not cashed) and now I've received a letter telling me that when I mail them vehicle title I will receive the balance due. I contacted clerk of courts in county where I live. I was informed that 1) to file a small claims suit, legal documents would have to be filed in county where accident occured or county where lady lives, 2) I was told that the suit would have to be filed against the lady (not a minor) rather than the insurance company itself or the insured (her father), 3) I was told to file suit for total value of car and not the $1000 difference. Is this information correct? I was going to send a letter to insurance company and cc: the policy holder (father) stating that they have until Dec 5th to rethink this. Otherwise I will file suit in small claims court. What should I do with vehicle title meantime? Does the insurance company now technically and legally own my car? Can insurance company bill me for vehicle storage? This situation gets more frustrating and complicated by the day. I'm thinking about contacting a lawyer since I can only imagine what its going to be like trying to settle her medical bills. Thank you so very much for providing this wonderful service. Sincerely appreciate your assistance in this matter.
PS my insurance company says they would be happy to step in, it would only cost my $250 deductible and maybe rate increase because we opened a claim
My daughter was involved in auto accident in my car. She was rear-ended while parked. All attempts to settle with lady's insurance have been futile. They offered me $1000 less than car is worth. Received partial payment in form of check (have not cashed) and now I've received a letter telling me that when I mail them vehicle title I will receive the balance due. I contacted clerk of courts in county where I live. I was informed that 1) to file a small claims suit, legal documents would have to be filed in county where accident occured or county where lady lives, 2) I was told that the suit would have to be filed against the lady (not a minor) rather than the insurance company itself or the insured (her father), 3) I was told to file suit for total value of car and not the $1000 difference. Is this information correct? I was going to send a letter to insurance company and cc: the policy holder (father) stating that they have until Dec 5th to rethink this. Otherwise I will file suit in small claims court. What should I do with vehicle title meantime? Does the insurance company now technically and legally own my car? Can insurance company bill me for vehicle storage? This situation gets more frustrating and complicated by the day. I'm thinking about contacting a lawyer since I can only imagine what its going to be like trying to settle her medical bills. Thank you so very much for providing this wonderful service. Sincerely appreciate your assistance in this matter.
PS my insurance company says they would be happy to step in, it would only cost my $250 deductible and maybe rate increase because we opened a claim