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Category: Legal
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Hello I had an accident in December of 2012. My insurance

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I had an accident in December of 2012. My insurance original estimate was 11,383.00

The supplement estimat done by the other carrier was 3,279.00. So, total repairs to the

Claimants car was 14,662.00. My insurance paid for their rental, which was 2,957.oo

For fifty days. My policy covered 10,000 for claimants damages. Total amount owed to

Claimant was 17,620.00. My insurance wants me to pay 4,000 but will accept 2,000 or

They will sue me. Can they sue me or drop me. I feel they should not have paid 2,957.00

For a rental car for the other claimant for 50 days.

Thank You
Ken Coiro

LADYLAWYER : Your insurance company should never have paid the claimant over and above what your policy limits are. At this point, I do not have enough facts to know whether they tried to settle the claim within your policy limits or not, but even if they are allowed to pay out a claim above your limits and then seek the overage from you, if they didnt try to settle within policy limits then you have a very strong argument that you are not liable here. That being said, the other thing you need to look at is whether or not your policy even allows them to settle a claim for an amount over your policy limits without your authorization and whether you are responsible for the overages. Get them to send you your full policy if you don't already have it and read it to find out this information. If the policy doesn't allow for this, or if they didn't follow protocol (like getting your written permission to do this) then you are not liable to them for this money. Just from doing this so much, it sounds like the insurance made a mistake in your policy limits and thought you had 20k limit instead of 10k, made the payout, and are now trying to collect the overage from you. Do not pay this without some more investigation.
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