Auto Insurance Claims: Small Claims Court Against Insurance Company, small claims court, neck soreness

Question
I was in an auto accident over a month ago where a woman hit me from behind and her insurance company already admitted that it was her fault.  They already fixed my vehicle but the settlement offer for my loss of work and loss of wages due to the injury was only 30% of what was supposed to be paid based upon my documentation that I provided them....I subsequently rejected the settlement offer.

My question is: If I take them to small claims court, is it reasonable to get a payment for the 1 1/2 days that I missed work; lost extra wages for commissions that I lost due to lost sales; and any pain and suffering for the week of neck soreness and headaches?  If so, how much and are there any other things that I should put in the small claim?

Answer
Hi Byron,

First of all you can not sue the insurance company. You would file suit against the at-fault person in the county in which they live.

Before filing suit you should ask the adjuster why they are only offering 30% of your loss. This is generally a negotiated settlement. It is up to you to prove your loss. Perhaps they did not feel that you provided enough documentation to prove your loss. If so, ask them what proof would be sufficient. As for pain and suffering, it will depend on the extent of your injuries, length of treatment and prognosis for recovery. You should ask for 2 to 5 times the medical bills. Again, this will be negotiated. If may require several rounds of back and forth before a settlement is reched. If they do not fairly negotiate with you, then you would consider filing suit. However, you should not do that without an attorney. If you file suit against the at-fault party, their insurance company will provide them with a defense attorney.

I hope this helps
Richard Hixenbaugh