Someone ran into my car. I got an estimate for the repairs of 1389.00. The insurance company sent out an appraiser who quoted less than my estimate and the insurance compant sent me a check for the lesser amount. Is there anything I can do right now to get my full estimate amount?
First, I would suggest that you not cash any checks you received from the insurance company unless it is for the whole amount you want to settle for.
In this response I am assuming that you are dealing with the other person's insurance company, not your own.
If you did not agree to the settlement amount then you can always file a law suit against the person who hit you in the Magistrate Court of the county where the person who hit you lives.
Since this is a small claim, it may be difficult for you to get an attorney to help you resolve the case but you may want to put the insurance company on notice that you are going to pursue a bad faith claim against them if you have to file a law suit. Normally, I would recommend that you retain an attorney to make sure that all of the steps of a bad faith claim are followed but you can send a demand to the insurance company putting them on notice that you will seek bad faith if the claim is not adjusted fairly.
In Georgia, if you want to file a bad faith property damage claim against the insurance company of someone who hit you then you will need to send a certified letter to the insurance company identifying how much you want to settle the case for. In your letter you should tell them that you are giving them 60 days to settle the claim for the amount that you have demanded. You should also tell the insurance company that you will seek a claim for bad faith under O.C.G.A. § 33-4-7 if they do not settle the case for the amount you are demanding within 60 days.
If they still do not settle the case for a fair amount then you will need to file a law suit to collect. In that situation it might be worth talking to a local lawyer about the costs of representation in Magistrate Court to put you in the best posture to recover bad faith damages. If the insurance company is found to have acted in bad faith in your case then you may be entitled to recover an additional Five Thousand Dollars ($5,000.00) plus reasonable attorneys fees.
Also, they should pay you for the diminished value of your vehicle due to the wreck and the costs of a rental car for the time it will take to have your vehicle fixed in addition to the repair costs.
I hope this helps you convince the insurance company to adjust your claim fairly and without the trouble of litigation.
You can find the full text for O.C.G.A. § 33-4-7 though LexisNexis's free online version at:
http://www.lexisnexis.com/hottopics/gacode/default.asp
Paul GhanouniAttorney at LawLaw Office of Paul Ghanouni, P.C.221 E. Main StreetCanton, GA 30114Phone: 770-720-6336Fax: 770-720-6339www.PGLawOffice.com
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