Can an insurance company refuse to accept my shop’s quote?

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Can an insurance company refuse to accept my shop’s quote?

3 months ago I was hit by another driver. The driver admitted fault as stated in police report. That driver’s insurance company quoted repairs for my car and sent the money to me. I went to a shop to get it fixed and they gave me a written quote. This quote was double the price of the quote by the insurance company. The quote was faxed to the insurance company more than 3 times, because

they stated they never received it. Finally I provided proof it had been sent, yet the insurance company now states the shop has to fill out some papper work that they sent to the shop. Is this legal standard? Does my shop have to due this? I was told 1 written quote is all I needed by law from a friend. For whatever reason the shop hasn’t filled out the insurances company’s form that they tell me has to be done to receive my supplement. Overall, can they refuse to pay out the quote due to a file they require or is a legal written quote all I need? And do they have to pay the shop or can I request the money be sent to me?

Asked on August 12, 2017 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) They can refuse the quote if it does not comply with their paperwork requirements *or* if they feel it is excessive or inaccurate: remember, if an insurer pays without there being a lawsuit and court judgment ordering payment, that payment is voluntary. If you feel their refusal to pay is unjustified or unreasonable, your recourse would be to sue the at fault driver (you sue the driver, not their insurer) and prove in court not just the other driver's fault, but also that the quote and cost to repair is reasonable--which will likely involve submitting additional quotes, too, to prove this one is not a fluke or deliberately high.
2) They can insist on paying the repair shop directly, since they are paying for the repairs; they don't have to send the money to you.


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