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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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).


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