QuestionDear Jane,
I got rear-ended and the other driver and her insurance have accepted full responsibility. At the time, it appeared to be simple case so we exchanged the phone number, insurance, etc but I didn't write down her address.
I tried to work with the adjuster of her insurance on the case but the adjuster make a very low offer to my claim. It seems that I'll need to take the case to a small claim court. The question is how to find the address of the other driver, which is needed for serving court papers.
Thank you,
-Wanlin
Answer Hello Wanlin ...
Before you begin looking for the other driver's address, let's take a closer look at your claim.
The other driver's insurance company has taken full responsibility. That's a good thing. Now the only concern should be the value of your damages. In an auto damage claim, damages are determined by an appraisal of those vehicle damages. If you have not already done so, you need to make your vehicle available for inspection by the responsible insurance company. This would involve either making an appointment for an appraiser to see your car where you are, or taking your car to a body shop that has the authority to prepare appraisals for the insurance company in question.
Now you say that that the offer is low. Why is that? Is the damage appraisal too low? How would you know that? And bear in mind, the original estimate might not reflect all damages. It is very common that while vehicles are in repair additional previously hidden damage is discovered. If this occurs, the body shop contacts the insurance company and asks for a supplement. When verified, the damages are added to the value of your loss, and they are paid by the insurance company. The supplemental process happens virtually every day. As long as you use a shop that is reputable, and knows how to work with insurance companies, none of this should be a problem for you.
The purpose of insurance is to restore you to the condition you enjoyed prior to your loss. You are not entitled to a profit. If your damages are, for example, $3500, you are entitled to repairs of $3500 - assuming that does not exceed the value of the vehicle. It if does, your vehicle would be a total loss and your are entitled to its fair market value. Nothing more.
You do not mention if you have injuries. In that case, the process could be more complicated. But again, you are entitled to the value of your loss. Injuries, obviously, require more documentation than vehicle damages. If, however, you are claiming minor, resolved injuries, the insurance company might offer you a "cashout". Simply put, this is a small amount offered to settle the case for your out-of pocket expenses. Small claims court, in my opinion, would be no place for unresolved injuries.
I see no valid reason to proceed to small claims court. I cannot imagine how you could benefit. Just work with the adjuster and the body shop to settle the claim for your damages.
Hope this helps.
Jane Pytel
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