An agent grapples with the idea of going to small claims court after his or her auto insurance company made what appeared to be a very low-ball offer and refused to consider data from a private appraisal. Lots of great advice ensued, as well as several offers to handle the case! Some offered the possibility that the poster had the wrong type of policy on their car.
One agent noted that the insurance company is legally obligated to make the original poster whole, and return the person to the state they were in before the accident. He wrote, “They feel they are doing that with their offer of $12,000. You feel that $20,000 is more appropriate. It sounds like it is time for a third party to decide if they won’t budge.”
Agents agreed that the original poster could either accept the offer, ask them what documentation they would consider in order to establish fair value, or take them to court, with the knowledge that unless the judge found the insurance company to have been unfair, the most the poster could expect to recover would be the fair value of the car plus any attorney fees and court fees.