SKJSS (formerly Klayfish) said:In reply to Steve_Jones :
Here's what it really comes down to. If you're making a claim against the other person's insurance company and don't reach an agreement, your recourse is to file suit against the policy holder. In that case it's going to be small claims court. If the carrier hires defense counsel, it may cost more than just paying the claim. Even if you do hire counsel, both the attorney and the judge very likely know diddly squat about physical damage claims and diminished value. Very high likelihood the judge will side with the plaintiff (regardless if they actually right or not). The DV people know this and use it to their advantage. For the carrier, it's usually a no win situation and is easier/more cost effective to just pay it.
The other reality is that most adjusters don't know a damn thing about cars and DV, so they are badly outgunned by someone who does (such as a specialist).
The car is being totaled and the settlement seems way too low considering comps for what was a brand new purchase. I just sent SKJSS (formerly Klayfish) a message to see if he can advise my son in law directly on how to proceed. I don't have all of the details and it's probably best not to post them online at this point anyway. I have no idea how they work comps for replacement value of a new car, but there is no way that I see them being able to get a comparable replacement for the settlement that was offered. Additionally, the at-fault driver was way underinsured by the same company that insured my son in law. They are using his own policy to cover the damages by the at-fault driver. If that's how it works, why would any of us be paying for high liability coverage?
