Ugh. Hope you're feeling better soon OP. good luck with the lawsuit.

We had a similar accident. You can try to negotiate what they are trying to give you for the market value. Go online and pull comps and see what you get.

Op here

I bought an scion xb 2012 I had an 2009.
It has been redesigned a little bigger safer and better gas mileage. The best part it was less than my 09 was.

Thanks for your help. I am suing the person who hit me. I cannot hear completely out of my left ear. My face was swollen.

I have never sued anyone before even though there have been times I could have. I am this time because this event has been stressful and painful.

If you sue the person personally they will turn the suit over to their insurance who will defend their insured. Once you settle everything with the insurance company they will have you sign a release barring future claims/suits before they'll release payment.

Anonymous wrote:If you're dealing with insurance, how does that work in Small Claims court? Can OP pursue the other driver for more $ once she accepts the insurance payment? Is she required to accept the insurance payment?

You wouldn't be suing the insurance company in small claims court, you would be suing the driver personally. If OP can find cars just like she had and they cost more than what she received from the insurance payment, she could sue the individual to make up the difference. I'm sure she could also add the cost of new tags, inspection, etc. Insurance doesn't cover all your out of pocket expenses.

If you're not injured, what is the point of attorneys and court? What's the claim?

subaru outback. I was rear ended in one when I stopped for a school bus. I barely felt a tap, my bumper had a scratch, and the car behind me was all smashed up in the front and had steam coming from the radiator. If it hadn't knocked my catalytic converter off, I would have driven away.