can an insurance co. give me an estimate for damage then turn around and say were not paying you settle it with the driver

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Nov 23, 2012

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Insurance Question from Cayuse, OR

Asked on 11/23/2012

can an insurance co. give me an estimate for damage then turn around and say were not paying you settle it with the driver driver at faults ins. co .says there not paying me after we agreed on the phone of $900 damage say I have to collect from the driver who lives in another state

Answer given on December 17, 2012

If you were in an accident and the other driver was at fault, you are entitled to a settlemment from the other driver’s insurance. You indicate that you had a phone conversation with the adjuster who offered an amount that you agreed upon, but then recanted.You need to call the insurance company and find out why they have decided not to settle the claim with you. It is possible the policy was not in force at the time of the accident, or that the other driver gave a statement saying they were not at fault. Have the adjuster explain their change of the decision. If they refuse, ask to speak to a supervisor.You do have the option to go through your insurance company for the repairs, presuming the damage is over your deductible. Your company, after paying for the repairs, will subrogate against the other insurance company and if successful you will get your deductible returned. They can also find out why the other insurance company decided not to settle the claim with you.


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