Just Answer Just Answer

Ask Your Legal Question. Legal Experts Answer You ASAP
(Not a Legal Question?)

Question

should i take this insurance claim to court?


Sent to Legal Experts December 05, 2007 2:10 p.m.

I was involved in a car accident, it was the fault of the other driver. I paid 19,700 for the car. I had it 5 days before I was involved in the accident. The claims adjusted said the repair estimate is 9000. He wants to repair the car and give me 1400 for diminishment of value of the vehicle. I've talked to several body shops and they all say it at least diminishes the value of the vehicle by 20-30%. I slightly injured my wrist, and may have slight whiplash as well. Should I take them to court?

Optional Information:
Bryant, Alabama

Already Tried:
I tried settling with the insurance company for getting the car repaired and receiving 4000 for diminishment of value. They will only give 1400 for diminishment.
Customer (name blocked for privacy)
Status: Closed   Value: $30   
Answer
December 05, 2007 2:23 p.m. (13 minutes and 0 seconds later)
ACCEPTED Check Mark

You should not "make up" symptoms or effects from the accident as that would be insurance fraud. If you were injured, the insurance company is responsible for compensation of your injuries. They are responsible for your medical bills, lost wages, and pain and suffering. They are responsible for the repair to your vehicle. They are responsible for the diminishment of value; therefore, if you cannot agree on a settlement with the insurance company on the property damage part of the case, you could sue them in district court or in small claims court (assuming the amount is less than the maximum allowed in Alabama small claims court) for the appropriate amount of your damage. If you cannot agree with them on the property damage claim, remember that you can always sue the person who caused the damage in court for your property damage and possibly personal injury if you meet any applicable thresholds under Alabama law. Good luck.

I hope that I have helped, answered all of your questions, and that I have provided you with useful information. Please contact me if I have not answered all of your questions. If my answer is satisfactory please accept it. I really appreciate positive feedback.

In the future, you can specifically request that I work with you on your legal question. If you have specifically requested that I answer this question, thank you.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.

PictureJ D Haas  -- Lawyer (JD) -- 99% Positive Feedback on 1700 Legal Accepts
21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 41 jury trials

Think you can answer this question?
 Login or  Become an Expert









DISCLAIMER: You acknowledge that any information you may obtain from individuals you contact through use of the Just Answer service comes from those individuals, not from Just Answer!, and that Just Answer is not in any way responsible for any of the information these third parties may supply. The site and services are provided "as is" with no warranty and no representations are made regarding the qualification of an Expert. Responses and comments on Just Answer! are for general information and are not intended to substitute for informed professional advice (such as medical, legal, investment or accounting) and do not establish a professional-client relationship. Just Answer! is not intended or designed to address EMERGENCY QUESTIONS which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
   Just Answer! > Legal > Property Damage Questions