What to do about a stolen car and an insurance company settlement?

I had my car stolen and the insurance company offered me a settlement. I electronically signed a power of attorney document and was given the total loss documents but no money was given to me at the time. The same day I received a call from the police saying they found my car. Does the insurance company have to pay me the settlement that was offered since I signed papers?

Asked on July 22, 2012 under Insurance Law, Kansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless the representative for the insurance carrier has signed the settlement agreement as well then you do not have a binding contract with respect to your claim over your stolen car. Furthermore, an argument can be made that an electronic signature on a document is not a valid signature to bind a person to a written agreement.

Given the fact that your stolen vehicle has been recovered, the settlement for its loss has a good chance of being scrapped by your insurance carrier.

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