Auto Insurance Claims: Partial Settlement, auto accident liability

Question
I put in a claim against Mercury. They said it was 50/50 and would only pay partially. After a letter from my lawyer, they all a sudden said it is now 75% their fault and offered to send me a check for 75% of damage (not enough cant afford the rest). My question is, if I accept this check, can I still go to California Small Claims and file for the rest, or if I accept this check it is a closed situation ? My insurance company says its 100% Mercurys fault. Mercury makes you work to get what is due to you ? What advice would you give me ? Thank you Ron.

Answer
Tony,
Then why not turn it in to your own insurer, get 100%, then let your insurer collect back all or part of your deductible for you? If the accident was not your fault, then your insurer cannot raise your premiums (in most states).

And if its a liability claim, then again, let your insurer duke it out with the other insurer. Let your insurer "put their money where their mouth is".

If you sign a release or cash a check that says something like "full payment", then you can't go to small claims court. In CA the small claims court limit is $7500.00, so you may want to go to court and let a judge decide the fault percentage.

And if the valuation of your vehicle is low-balled, consider an eBook at UClaim.com entitled Total Loss Auto.