I'm in California
Last week while sitting at a stoplight, I was rear-ended by another driver. My car was totalled, her's just sustained some damage, although it wasn't totalled.
I've never had a totalled vehicle before so I'm not sure how to proceed.
My insurance company offered me an amount that is $2,000 less than I owe on the car.
Being the victim of this accident, I am the one who is getting reamed. The negligent party gets her car repaired minus her deductible. I get to fork out $2,000 for a car that I can't drive, plus I don't have any additional money for a down payment.
In addition, I have been experiencing back and neck pain for which I have sought medical attention and will continue to seek attention for.
My question - Can I decline the offer the insurance company has made me (we both have the same insurance company)? If I accept it, can I sue the "at fault" party in small claims court for the deficit and also for my mental anguish?
Some co-workers have suggested hiring a personal injury attorney, but I wasn't sure what to do.
Can you Please advise?
Thank you for your time.
Wendy S. :cry: