What can I do about my insurance company paying a claim that should never have been a claim?

UPDATED: Sep 30, 2022

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What can I do about my insurance company paying a claim that should never have been a claim?

I was involved in a low impact accident that didn’t cause any damage. After
sitting at a red light, the lady in front of me stopped short in the intersection
while the arrow was still green. There was no visible damage to her car from mine
and she stated she had just been in a similar accident. no surprise to me My
insurance company has paid for damages that could not have been caused by this
incident and they are keeping a claim open for injuries. I’m completely
dumbfounded that they have not properly represented me in this.

Asked on August 7, 2017 under Accident Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They are representing you: they are paying for the damages, so that you don't, and are looking into (and will at need, presumbably pay for) any personal injuries, again to protect you. Their responsibility is not to automatically oppose any claims: it is to take economically reasonable steps to protect you from having to pay out of pocket (at least up to the policy limit; they do not need to protect you over that limit). If someone claims and there *may* be some truth to it, if the claim is low, the insurer could feel it is more cost-effective to pay her then spend what could thousands of dollars (given legal fees) fighting it and still possibly lose (no case is ever certain; even if you feel her case is weak, there is always a chance she'd win). It's not your concern if they choose to spend their money settling, not fighting.

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 AttorneyPages.com 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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