Property Damage Disagreement with Insurance
Q: What if the other driver’s insurance company and I disagree on property damage issues?
A: It is important to remember that your claim is against the other driver, not his insurance company. If the driver’s carrier is being unreasonable, taking too long, treating you unfairly, refusing to perform an inspection, refusing to give a rental car, refusing to reimburse tow billings, storage charges, and the like, then your remedy is to file suit against the responsible party (not his insurance company) to obtain reimbursement.
Sometimes, the insurance company for the other driver will think twice about mistreating you if you advise them that you intend to pursue their insured in a small claims court (assuming you’re seeking damages of $7,500.00 or less).
Before filing in small claims court, however, it’s important to consult with an experienced attorney as this suit may influence or even preclude your recovery from your bodily injuries.