If I had a car accident and wanted to pay for the damages in cash but the other person already made a claim on my insurance, can I still pay cash for the repairs?

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If I had a car accident and wanted to pay for the damages in cash but the other person already made a claim on my insurance, can I still pay cash for the repairs?

I don’t want to have my insurance rates go up more than they are.

Asked on June 25, 2014 under Accident Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can offer to pay, but 1) you can't compel them to take the offer (especially if they feel they deserve more than you are offering--e.g. for personal injuries, for towing or renting a replacement car, for time lost from work, etc., in addition to the repair cost); and 2) if they have already made a claim, you cannot "unmake" it--the insurer may consider the accident and claim in setting your rates, even if you do end up paying out of pocket. Insurers are allowed to consider all evidence, facts, etc. about accidents, regardless of how much or how little they have to pay out.


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