What are my rights if an insurance adjuster accidently paid me too much money?

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What are my rights if an insurance adjuster accidently paid me too much money?

I had a car accident the other driver 100% at fault. The adjuster of the

other driver’s insurance company wrote a check of $3000 by mistake about 2 months ago. The insurance company is now asking for it back. Given that I had incurred some expenses such as car rental and towing fee, which add up to more than $3000. Can I refuse to return the money?

Thanks

Asked on March 8, 2016 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, the fact that you incurred additional expenses does not entitle you to keep the extra money unless those extra expenses are ones which under the plain terms of your policy and coverage, the insurer was obligated to pay...and even then, if the insurer disagrees with your interpretation, you can expect that they may take legal action for its return and you'll have to prove your entitlement to the money in court. But if the check truly was a mistake and you are not owed that money under the terms of the policy, you will have to return. A mistake does not legally entitle you to money.


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