Can car insurance company change their decision after a week of making one?

UPDATED: Oct 2, 2022

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Can car insurance company change their decision after a week of making one?

My son was involved in a minor car accident last week. We have only third party
liability insurance for the car. Nobody was charge and my son have a witness
proving he is not at fault. After few days of investigation, I received a message from
the insurance company that my son was not an fault. That they covering the repair
of the car. And they gave him a rental car to drive. Now a week later their changing
that decision. Saying they make a mistake.

Asked on October 10, 2019 under Accident Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they can, since the insurer's own internal decision as to fault, responsibility, etc. is not a binding legal determination and is not enforceable; they are allowed to revisit or change it. Since you write that you had only third-party liability insurance, presumably you are taking about the decision of the other driver's insurer. That means that if you disagree and feel their driver was at fault, the only way to seek compensation (e.g. repair costs) would be to sue their driver in court and prove that he or she was at fault (you sue the driver, not the insurer).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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