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IDon'tKnow · 11-20-2009, 02:30 PM

I had something similar happen to me. I was at a stoplight one day and it was raining when I got seriously rear ended by a Ford Taurus. Her brakes where locked up but she probably hit me going at least 30mph.

That car was a EF Civic HB. I had close to $7k in that car and the insurance company tried to give me $800 on their first offer, $1400 on their second, and then $3000 for their third. The problem with taking receipts to an insurance company is that they don't care what you have in the car, they only care about the cars marketable value in your area.

Call a local lawyer and ask about your states rules of evidence for small claims court. I know that here in Alabama there are no rules of evidence for claims under $10k.... which basically means that the judge will listen to your story and make a decision without your having to comply with complicated evidence rules. If you live in a state with a high number, like $10k - $3k should be sufficient for you -, the insurance company is much more likely to feel very threatened when you talk about the possibility of suing them. Don't tell them you are going to sue them, tell them you are going to take them to small claims court - the latter sound much less like an emotional response which claims agents are trained to ignore. They don't want to have to pay court costs and attorneys fees to defend against your allegations so it's usually in their best interest to meet your demands; it's going to cost them $3k either way - maybe more to go to court. Don't pull the lawsuit card right away, play hardball with them first. Most people say that it is good advice to reject the first two offers and accept the third.

If their third offer isn't up to snuff then you'll want to get a higher-up's info and send him a letter or email threatening a lawsuit..... give him a deadline to work within... i.e. "If you don't settle this for this amount before this Friday, I'll be filing a small claims suit against your company on Monday."

Also be sure the negotiation terms specify that you get to keep the wrecked vehicle.

11-20-2009, 02:30 PM	#8 (permalink)
IDon'tKnow but I can find out. Join Date: Sep 2009 Location: DC Posts: 392 Thanks: 6 Thanked 6 Times in 5 Posts iTrader Rating: (1/100% )	I had something similar happen to me. I was at a stoplight one day and it was raining when I got seriously rear ended by a Ford Taurus. Her brakes where locked up but she probably hit me going at least 30mph. That car was a EF Civic HB. I had close to $7k in that car and the insurance company tried to give me $800 on their first offer, $1400 on their second, and then $3000 for their third. The problem with taking receipts to an insurance company is that they don't care what you have in the car, they only care about the cars marketable value in your area. Call a local lawyer and ask about your states rules of evidence for small claims court. I know that here in Alabama there are no rules of evidence for claims under $10k.... which basically means that the judge will listen to your story and make a decision without your having to comply with complicated evidence rules. If you live in a state with a high number, like $10k - $3k should be sufficient for you -, the insurance company is much more likely to feel very threatened when you talk about the possibility of suing them. Don't tell them you are going to sue them, tell them you are going to take them to small claims court - the latter sound much less like an emotional response which claims agents are trained to ignore. They don't want to have to pay court costs and attorneys fees to defend against your allegations so it's usually in their best interest to meet your demands; it's going to cost them $3k either way - maybe more to go to court. Don't pull the lawsuit card right away, play hardball with them first. Most people say that it is good advice to reject the first two offers and accept the third. If their third offer isn't up to snuff then you'll want to get a higher-up's info and send him a letter or email threatening a lawsuit..... give him a deadline to work within... i.e. "If you don't settle this for this amount before this Friday, I'll be filing a small claims suit against your company on Monday." Also be sure the negotiation terms specify that you get to keep the wrecked vehicle.