Can an insurer take back money for an accident due to a pay out on a prior claim?
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Can an insurer take back money for an accident due to a pay out on a prior claim?
My wife was involved in an auto accident where another driver stuck her in a alley. Turns out the other driver has the same insurance company. The insurance company wants to total the vehicle out and said the cash value is 10K- however there was a prior insurance claim on the vehicle for hail damage that never was repaired but the insurance company paid out 4.5K so they are taking that 4.5k back and only offering 5.5k. Can they take back this entire 4.5k from the prior claim?
Asked on March 19, 2014 under Accident Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
They only owe you a total of the then current value of the car, which they say (and you are not, at least in your questions, protesting) is $10k. If there was a prior claim for $4.5 for hail damage, which money was not in fact used to repair the car, then yes, they only owe another $5.5k--since $4.5k + $5.5k = the $10k value. Otherwise, if they did not do that, you'd be receiving $10k + $4.5k = $14.5k for a car worth $10k; that is, you'd be receiving a substantial windfall.
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