how to fight auto insurance company?
Posted on Jan 31, 2012 with Comments 3
asked:
Husband was in a no injury auto accident during business hours in a business owned car, car was totaled. The driver’s insurance company has offered a small amount on the car and nothing for lost of work, rental car, etc. Don’t they have to make you whole? Blue book was 3200. Records on the car show over $3000.00 lost business. Their final offer $1200.00. Now threatening to send car back. Since no injury, some lawyers won’t even take case. Over small claim amount for Ohio. What is our recourse?
Kathleen
Kathleen
Filed Under: Insurance & Registration
In Ohio, you can sue in “The Small Claims Court” for “up to a maximum amount of $3,000″ and “an attorney… is not required.”
This does not make sense. I am assuming that the other driver was at fault in this accident. What is the insurance company’s reason for the $1200 value on the vehicle, and refusal to pay for other losses?
You may need to hire a lawyer and sue the person that hit you. Some will not take the case on contingency, they will want to be paid by you, but you can find a lawyer. Contact your local legal aid society or the bar association for help
Find out why the insurance company is offering you less than what you think the vehicle is worth.
If your husband wasn’t injured, they don’t owe for lost work, even if your husband uses a car for his job, because your husband could have rented a replacement vehicle until he was able to purchase a new car. However, the other insurance company does owe for about 14-20 days loss of use (common amount for total losses) even if your husband didn’t rent another vehicle.
One thing that is confusing to me is why the insurance company is dealing with your husband if the totaled car is “business owned.”