How can I personally pay a claim made to my insurance company?

UPDATED: Jul 28, 2011

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How can I personally pay a claim made to my insurance company?

I was involved in a small accident about 2 months ago. The person in the other car sent in a claim to my insurance company for $593.03. I told both my insurance company and his that I wanted to pay this amount. I was first told that I would be billed but today was told I couldn’t pay and that my insurance rates will go up. I don’t understand why I can’t just pay.

Asked on July 28, 2011 Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The reason you can't just pay is that the insurance policy is a contract, and it contractually obligates the insuraner to pay valid claims which are submitted to it. Once the claim is submitted, therefore, your insurnace carrier has to pay it (or else defend against it, if they deem it an invalid claim). The insurance policy requires this. Had you and the other party worked matters out prior to a claim being submitted, that would be a different story, though note that in that case, you might have been deemed to have been in violation of your obligations under the policy if you did not report a claim or potential claim to your insurer.

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 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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