Expert: Charlie Barone - 9/24/2009

Question
Well to try to make it short my husband was riding his ATV on a dirt rd when he rounded the corner there was a car.  According to him there was a rock on his left he was going to hit or hit her car.  He aimed for the ditch on hid right but didnt make it.  He hit the car.  The CHP report claims it is his fault because he was riding on her side of "the one lane rd".  We do not carry insurance on our atv.  I just received a letter from the insurance company that "substantiates there subrogation claim.  It looks like they maybe total the car because it lists settlement amount and less salvage as there itemized bills as proof.  Now with this amount they want us to pay is it a final amount or can we negotate a lower amount.  The insurance company has not given us anything else.

Answer
Cher,

Since insurance companies are notorious for underpaying claims and paying less than the actual amount of the loss, I see no reason why you can't do the same thing. Make them an offer and see what their response is. You risk being taken to court, but all you would need to do is settle with them prior to the court date.

Charlie