Do I have to accept an insurance company’s estimate payout?

UPDATED: Aug 28, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 28, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have to accept an insurance company’s estimate payout?

I got an estimate to repair my car when it was rear-ended. However, the person’s insurance sent me to their claims adjuster who wrote an estimate for far less than the original after I told them that I was going to trade the car as is so the check was to be sent to me. Do I have to accept their estimate or can I submit the one that I got from another body shop? The original shop was also one of the company’s authorized body shops.

Asked on August 28, 2012 under Accident Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can submit your estimate, but it does not mean they will accept it.  Whether it's physical repairs to a car or medical bills, there is usually an disagreement between plaintiffs and defendants in any car wreck case.  You will probably have to haggle with them a little bit.  They may compromise and come up on theirs a little bit.  If you want the full amount of the higher estimate, you may have to file a suit.  You may also want to talk to your insurance company.  Many will help with the negotiating process because they don't want to pay on the claim.  Depending on your coverage, they may or may not provide legal support.  If you have to hire your own attorney, you may want to consider the compromise amount to avoid the extra expense of an attorney.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption