Can a car insurance take money back after admitting to client being at fault.

My granddaughter was involved in car accident from a lady who live in Ohio. Her insurance comp/contacted her and said she was at fault. Gave us name of car place to have
car taken to and they said it was not fixable and they sent her a check/asked us to send in title for car. Now
they have taken the money back saying they don’t have to
do anything but pay deductible on car. What can we do.

Asked on July 28, 2017 under Insurance Law, Michigan


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your only recourse is to sue the at-fault party for negligence.  If your granddaughter is at least 18, she can file the lawsuit.  If she is a minor, you or her parent can be appointed guardian ad litem to file a lawsuit on her behalf.
Damages (amount of compensation  you are seeking in the lawsuit) would be the property damage (cost of repairs) to the vehicle or if it cannot be repaired as the at-fault party's insurance company is claiming, then damages would be the value of the vehicle.

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