Should I take the insurance company offer in an auto accident in California? 5 Answers as of February 24, 2011

My parked car was totaled in an accident in CA. The other party's insurance company is low-balling me on the price. They have 'encouraged' me to take it and said I can sue for the difference between what I think it was worth vs what they are offering. Is this true? The difference would be about $4,000 which is small claims. The total they are offering for just the car without the rental reimbursement added is $26,500.

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Talking to the adjuster from the other party's insurnce carrier is rarely to the injured party's best interest. If you take aything from them, you will not be able to sue for anything additional. Not having all o the facts makes answering your question difficult.See a personal injurt attorney most are free consults.
Answer Applies to: California
Replied: 2/24/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Sorry, the insurance has mis-represented the law to you. If you settle with the insurance company, you waive the difference. Hire an attorney or take the offer.
Answer Applies to: California
Replied: 2/24/2011
El Dabe Law Firm
El Dabe Law Firm | Edmond El Dabe
This does not sound right. Normally, after accepting the offer and signing a release, you cannot sue. If they will pay you the money and you do not have to sign a release, then more power to you. You can go ahead and sue. Without looking at the paperwork from the insurance company, I cannot advise you for sure, but you may want to consult with a lawyer to make sure.
Answer Applies to: California
Replied: 2/24/2011
Law Offices of Michael Stephenson
Law Offices of Michael Stephenson | Michael Stephenson
It is best to get a lawyer involved. This will force the insurance company to take you seriously and make you a fair offer.
Answer Applies to: California
Replied: 2/24/2011
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