Auto Insurance Claims: Partial Settlement, california small claims, small claims court

Question
QUESTION: I am being offered a partial settlement for damage to my car from the person that hit me's insurance company. If I accept check, can I still go to California Small Claims court to obtain the rest, or once I take their check it is a closed done deal ? To simply state, I need the full amount (may be more once they take car apart and for rental car etc.) Thank you for your help !

ANSWER: Hi Tony,

Before you cash the check, you should take your vehicle to the body shop that you want to do the work. Give the shop a copy of the repair estimate that the insurance company did. Ask the shop to do a tear down to determine if there is any hidden damage or additional cost. Your shop should then contact the insurance company to have them come to the shop for a re-inspection of your vehicle. The insurance adjuster and the shop will then reach an agreed price to repair your car. Once that is done and the insuranbce comapny has approved any additionl costs you should ask the shop to estimate how many days it will take to repair the car. Then you can contact the insurance company to extend the rental car as needed. At that point you can cash the original check or simply sign it over to the body shop.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: Thanks. The insurance company is only paying partial though. Can I go to court for the rest or is it closed once I take that partial payment?

Answer
Hi Tony,

It sounds like the insurance company is only offering partial payment because they have determined that you were partially at fault for the accident. If that is the case then you would nbot be able to sue for the difference. If you do not agree with the settlement you need to argue the point with the insurance company to try to get them to accept 100% liability or donot accept any payment and just file suit. If you can prove in court that the other party was 100% at fault and you win a judgement against the at fault driver, then his insurance comapny would have to pay for 100% of your repairs.

I hope this helps
Richard Hixenbaugh