Is it illegal for a car insurance agent to threaten a person?

My daughter involved in minor accident, another vehicle hit her driver’s door. No one was ticketed. The other driver filed a claim on my and her insurance. My insurer spoke to both parties involved and denied their claim. That same day, the other driver’s insurance company called my 18 year old daughter and told her that her insurance denied the claim and now she has to pay $500, plus rental car fees or she is going to court. And this went on for 8 minutes. My daughter immediately called me hysterical. I called that insurance company back. I was told that the agent that threatened my daughter a half hour ago was no longer her agent. I filed a complaint with corporate but want to know if any laws were violated.

Asked on June 12, 2017 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not illegal if there is was *any* arguable legal basis (e.g. your daughter possibly being at fault; not getting a ticket does not mean she was not at fault) for stating that unless she reimburses the other party's insurer for their payment(s) to their insured or other costs, they will sue her (take her to court). A party who believes another party may owe them money can threaten to take legal action if not paid; this probably occurs (legally) thousands of times a day in this country.


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