Auto Insurance Claims: can i sue the person/insurance provider if not satisfied with the the payment, unfair damage assessment

Question
Hello,
On 03.03.11 i met with a road accident, where the lady in the other car was at fault. She made a call to the insurance company at the sight and reported a claim for me. At the incident, i have seen the damage to my hod, bumper, grill and the radiator. I have also observed that the ac is malfunctioning after the impact. I am pretty sure that everything is fine before the collision as i have bought the car a month go and on other accidents happened after i bought it. Later when i went for the damage estimate, the adjuster tried to convince me that the damage has happened prior to the impact. Since i was not happy with this, the company handed it to another adjuster who told me that he couldnt figure it out how the damage to the radiator has happened and he too started saying that it is a prior damage, which im sure is not. The claim is still pending. Now my question is that if i am not happy with the outcome, can i go for any legal proceedings?

Regards.

Answer
In most states, you cannot sue someone else's insurance company, but you can sue the person that hit you if their insurance company won't pay for your damages.  Ultimately, it is the individual who has caused your damages and who will be required to pay for them.  Clearly, someone is going to have to prove why the radiator is now damaged.  If the radiator was damaged prior to the impact then it should be fairly easy to prove as the vehicle wouldn't likely run for very long with a faulty radiator.  I would suggest standing your ground and seeking some professional appraising assistance if you can't negotiate a fair settlement on your own.  If you have to file a suit to get the insurance company to be reasonable, then you'll just have to file it, be prepared to do that as insurance companies like to test people and see who has it in them to sue and who doesn't.  Unfortunately, sometimes being willing and able to sue is the only reason people get a fair settlement.