Lawsuit with State Farm on Property Damage

[david hale]

What is the name of your state? New York.

In 2017 our house was damaged by a hail storm, State Farm gave us a low ball estimate that is only 10% of the cost of the repairs. We went to Federal court since the damage was greater than 25K. We were dismissed to the NYS Surpreme Court since the Judge ruled against us in the "Diversity of Citizenship issue". The damage is about 20-25K and cost of litigation will be about 25k.

Would we be better off in small claims court (5k max)?
Stay in State Court but represent ourselves (Pro Se)...and likely lose to the high powered lawfirm of State Farm.

Any thoughts. We tried the Ag and DFS....no help in NYS.

 

[PayrollHRGuy]

Why not use option C. Get a lawyer.

 

[Zigner]

What proof do you have that the offer by State Farm was only 10% of the actual value of the damage?
(I'm hoping your answer involves an independent appraisal of the damage...)

 

[Litigator22]

What is the name of your state? New York.

In 2017 our house was damaged by a hail storm, State Farm gave us a low ball estimate that is only 10% of the cost of the repairs. We went to Federal court since the damage was greater than 25K. We were dismissed to the NYS Surpreme Court since the Judge ruled against us in the "Diversity of Citizenship issue". The damage is about 20-25K and cost of litigation will be about 25k.

Would we be better off in small claims court (5k max)?
Stay in State Court but represent ourselves (Pro Se)...and likely lose to the high powered lawfirm of State Farm.

Any thoughts. We tried the Ag and DFS....no help in NYS.

There is help in New York! You just don't know where to look.

Try perusing this well researched article for insight as to your entitlement to an award of attorney fees should it be necessary to sue the notoriously miserly State Farm. Your attorney will explain.

http://www.mondaq.com/unitedstates/...+For+The+Coverage+Fight+A+Study+Of+State+Laws