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Am I required to accept settlement payment from other driver rather than insurance co

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Junior Member
What is the name of your state (only U.S. law)? I live in and was in a rear end accident in Minnesota. My insurance company advised me to call the other driver's insurance company direct, which I did. They told me they would pay for the repairs and rental car. Four days later, the other driver's mother (he was 17 years old) called my insurance agent twice and asked me to call her. When I called, she indicated that did not want me to file an insurance claim because her son's insurance rates would go up "$500 dollars a month". I told her I had already talked to her insurance company and filed a claim. She wanted me to change my mind, telling the insurance company I decided to settle with the other driver without going through insurance. When I told her I preferred to go through the insurance, she said she would call her insurance company and tell them not to settle with me because she wanted to pay me directly. She also told me Minnesotata law states that if the damage was under $1000, which it was, that I am required by law to settle with her rather than going through her insurance. She wanted me to get two quotes for her and said they would decide which quote to pay. The other driver indicated to the police officer that he was at fault. What are my rights?


Senior Member
You have the right to be made whole, ie, compensated fully for your damages, it does not matter where the money comes from. The money won't be any greener coming from an insurance company.


Senior Member
What are my rights?
Racer is correct... it doesn't matter who pays as long as you don't. However, you have somethings to worry/consider:
1) Make sure that you get the FULL amount of the damages. Very common for the costs to go up once the body shop removes or opens the parts (unseen damages).
2) You also have to make sure that whoever pays you covers a rental car while your car is in the shop, and finally,
3) Before you actually 'drop' the insurance claim, (if that is what you are going to do), make sure you have either CASH, money order, cashiers check or at least a PROMISE to pay in WRITING to include any legal fees, interest, etc. in the event you have to pursue them in court.


Senior Member
Also, having them pay you directly rather then the insurance company probably won't stop the rates from going up.

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