Insurance Co. wants money back...

[knaols]

Fine, but how were we supposed to know that when we got the check that we were not supposed to put it in the bank? (without the sarcastic remarks please) We thought that money would be needed to pay for the car.
So apparently you are saying the insurance company that sent us the check neglected to tell us that if we cashed that check if would be accepting payment in full for damages ON PURPOSE???

You make it sound like we diliberately did this. That we thought we were getting away with something. This just isn't true. We want to make this right but feel that we were tricked into accepting the $6383. Why don't we just owe our insurance company the difference between the two amounts? Why should we have to pay $9400?

 

[knaols]

By the way for clarification..My insurance company did pay the autobody shop last December (the shop wouldn't let the car go without payment). They have just contacted the other ins. comp for reimbursement.

 

[LegalBeagle]

I have a question, if I may... you cashed the check.. have you spent the money ? After the car was paid for in full and returned to you.. Did you truly believe the money was yours to spend ?

I understand your mistake in cashing the check. Nothing strange about that as some people would not have the mind to call and confirm things first.. but how can you possible believe that you could walk away with a fixed car AND over 6k in the bank ??

 

[peter]

Ahhhhhhh this is called "LIFE SKILLS CLASS",

Yes their insuance company tried to trick you...just like everyone else does in this world.

Do you eve notice how they make the can the same size but put LESS in there and keep the same price? Thats trickery but you shop in a grocery store everyday.

Look at Tuna fish, it used to be 6 1/2oz the 6 3/8 the 6 1/4 now most are 6 oz and i think they will go to 5.5oz in the same size can!

How come you can NEVER buy a pound of coffee in a can anymore?

Or cerals that used to be 18 oz are no 15 .5 oz....and they put som BS statement on the side....contents may apear LESS then full due to settling,.... bulloney they just put less in it!

You fell for it........

 

[Joew]

Wow, there are a lot of responses to this but hopefully it's getting cleared up. Hopefully this will help. Knaols, in a way you were tricked into cashing the $6383. They wanted to give you the lower estimate and they did, and by you cashing it that meant that you agreed to accepting that estimate. Your insurance company wants to be reimbursed in full for what they paid. Since the other company paid for the costs by an estimate that you "agreed to", they may no longer be liable and now your co. wants you to come up with the full amount of $9400. So as you see the $6383 was no gift to YOU but for your car to be repaired. I would try to find out if you can get more money out of the other insurance company some how but like I said they may no longer be liable by law (I'd ask a lawyer to find out for sure).

 

[knaols]

Thank you for your reply. However, I thought I was asking lawyers by writing to this board.

The plot has thickend a bit. Apparently our insurance company paid the auto body shop about half the total bill BEFORE we actually deposited the check. So, in essence we didn't accept the $6300 until after our insurance company had alread paid the shop. We contacted both insurance companies and, they like many of you, aren't willing to talk about what happened they automatically go to the defense and both individuals we spoke with basically hung up on us. So, we will be contacting a lawyer. We just want to give back the $6383. If that means paying our ins. company so be it.

But how can it be ethical for insurance companies to purposely trick people?Especially since we never filed a claim with the other drivers ins. comp. Why did they send us the check and not our ins. co. who was the one who made the claim? See what I mean, there just are a lot of unanswered questions.

Please don't respond anymore, no one has been any help at all and frankly I'm tired of discussing it.


<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Joew:
Wow, there are a lot of responses to this but hopefully it's getting cleared up. Hopefully this will help. Knaols, in a way you were tricked into cashing the $6383. They wanted to give you the lower estimate and they did, and by you cashing it that meant that you agreed to accepting that estimate. Your insurance company wants to be reimbursed in full for what they paid. Since the other company paid for the costs by an estimate that you "agreed to", they may no longer be liable and now your co. wants you to come up with the full amount of $9400. So as you see the $6383 was no gift to YOU but for your car to be repaired. I would try to find out if you can get more money out of the other insurance company some how but like I said they may no longer be liable by law (I'd ask a lawyer to find out for sure). <HR></BLOCKQUOTE>

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by knaols:
Thank you for your reply. However, I thought I was asking lawyers by writing to this board.

The plot has thickend a bit. Apparently our insurance company paid the auto body shop about half the total bill BEFORE we actually deposited the check. So, in essence we didn't accept the $6300 until after our insurance company had alread paid the shop. We contacted both insurance companies and, they like many of you, aren't willing to talk about what happened they automatically go to the defense and both individuals we spoke with basically hung up on us. So, we will be contacting a lawyer. We just want to give back the $6383. If that means paying our ins. company so be it.

But how can it be ethical for insurance companies to purposely trick people?Especially since we never filed a claim with the other drivers ins. comp. Why did they send us the check and not our ins. co. who was the one who made the claim? See what I mean, there just are a lot of unanswered questions.

Please don't respond anymore, no one has been any help at all and frankly I'm tired of discussing it.


<HR></BLOCKQUOTE>

There are lawyers that respond on this board but did you read the website disclaimer? With all due respect, I take exception to your statement that most of us are not willing to talk about what happened and automatically go to the defense. I will refresh your memory in that I was the very first person and the first lawyer to respond to your post. In an effort to ascertain additional information in which to help you, I asked a simple question. My communication with you, proves that I was perfectly willing to talk about what happened and then provide you with advice. How could I provide advice to you without understanding the story? You have never provided an answer to my question, thus I was without the requisite facts to be able to help you. If you did not know the answer to my question, you should have found out the answer. When you hire your attorney, you will understand.

[This message has been edited by HomeGuru (edited September 21, 2000).]

 

[PJ1956]

The only way you would have avoided this entire mess is if you had called your insurance co. the moment you received the check from the other carrier and asked them quite simply, hey, what is this check for and what do you want me to do with it? Most likely, they would've told you to cash the check over to them and they would have paid the balance owed the shop. You can consult as many lawyers as you like but the bottom line is that they will tell you that you owe your company what they shelled out, not the difference. If I got a check for $6K and wasn't sure what is was for, I'd find out before cashing it, that's for sure.