Auto Insurance Claims: FMV dispute I NEED HELP!, auto damage, expert witness

Question
I was hit by a driver who failed to yield. His insurance sent out their adjuster to my house they looked at my car and totaled it before getting a fair market value for it. Because my car as tons of aftermarket parts they based their search on a stock car. They lied about the condition of my car and made false claims how it was running, when they never even drove it. I hired my own independent unbiased appraiser which valued my car at $6400, the insurance tried to settle for $3800. I can't replace or buy a new car for that. So i filed small claims against their driver for the difference of what the insurance owed me and loss of use because his insurance cancelled my rental car on the 1st of January, I would also like to be reimbursed the $500 i spent hiring an adjuster. When the insurance found out I filed small claims against their client they stop paid the $3800 they issued me prior so now can I take that insurance company to small claims for the $3800 back as well as taking the driver to small claims for difference and loss of use?

Answer
Hi Bryan,

You can not sue the insurance company. The insurance company is only acting as the agent for the at-fault person. You will need to ammend your law suit changing the amount you are suing for to the total amount you are seeking for the value of your car. I do not know what state you are in but, in most states you will not be able to hand in your appraisal report as evidence. You will need to have your appraiser to appear in court as an expert witness. This may be required so the insurance company's attorney can cross examine him. He will likely charge you more money to go to court.  

I would suggest that you visit www.collisionclaims.com . They can provide you with a consultation for only $35.00. They're not attorneys but are experts in auto damage claims.

I hope this helps
Richard Hixenbaugh