What are my rights if an insurance adjuster accidently paid me too much money?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 8 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.
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.