Consumer Protection Law

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My son recently wrecked our truck. the insurance company…

Customer Question
My son recently wrecked...

My son recently wrecked our truck. the insurance company told me that they had to pick the truck up and take it to their place to inspect the truck. when a 3rd party towing service came his comments were "they totalled the truck for this?" after a few days of waiting the insurance company called back and said the truck was totalled and that they found the value of the truck to be 4700.00. we asked a friend of ours who is a car salesmen and he said the value is twice that much . we have already cashed the check... is there anything we can do?

Lawyer's Assistant: How old is the vehicle? When was it purchased?

The truck is a 2003 chevy silverado and it was purchased in 2005

Lawyer's Assistant: What state are you in?

Ohio

Submitted: 8 months ago.Category: Consumer Protection Law
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Answered in 5 minutes by:
8/4/2017
Consumer Protection Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37,302
Experience: 30 years experience in general legal matters.
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I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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Customer reply replied 8 months ago
thanks
Consumer Protection Lawyer: Loren, Lawyer replied 8 months ago

The policy must have a provision to allow a policy holder to appeal or challenge the insurance company's adjuster's opinion of value. Check your policy. It is important that you follow the provision to the letter. Missing a notice, for example, could prejudice your rights.

Usually, arbitration is required before you can sue.

You may also want to threaten the insurance company with a bad faith suit. That is something which usually gets their attention, since it can result in an award of punitive damages and attorney fees.

If they are being difficult, a threatening letter from an attorney may scare them.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Consumer Protection Lawyer: Loren, Lawyer replied 8 months ago

Did you have further questions? Have I answered your question?

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Consumer Protection Lawyer: Loren, Lawyer replied 8 months ago

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Loren
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37,302
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Experience: 30 years experience in general legal matters.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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