Monroe, MI Personal Injury Law Firms & Lawyers

In Missouri, State Farm can be liable for breach of contract in failing to pay the medical payments and UIM pursuant to your policy. They can also be liable for a separate cause of action, pursuant to Missouri insurance statues, for vexatious refusal to pay (which if you prevail, entitles you to an award of attorneys fees).

The police should charge him. Suing him is futile because he probably has very little money. You would spend a fortune on the case and then, even if you win, there would be no recovery because he has nothing.... Just follow through on the criminal case with the police.

The answer to your question, "Can I refuse the car and ask for a check to buy a different one and let the insurance sell it in an auction?" is no. The insurance company does not have to take the vehicle, under the circumstances you describe. However, you can ask for a check to cover the costs of the repairs. In addition, you can either repair the vehicle, in part or in full, or sell it "as is" and pocket the money. You can use the money you get to repair the vehicle plus what you can sell it for to get another vehicle for your wife. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.