This is real off topic but I wanted to run it by some folks and see what you think. Back in December I got hit during a snow storm. It was clearly the other drivers fault. Anyway, his insurance company gave me a rent a car and sent me a check for my deductable and my car was repaired. This all happened in Jan. So this Saturday I get a check in the mail from my insurance company for $500 for the deductable also. In the spirit of good karma I think I should return it but at the same time my insurance company was totally useless in the whole claims process and in getting the car fixed. What I don't want to happen is that at some point the 2 companies figure it out and wack me with a bill for $500. The Check is good for a year and I may just sit on it for a few months and see what happens. Any thoughts. Todd
I had that happen on my OT daily driver. Cashed the check. Played dumb. They just deducted it from my account about 3 days later, no lawyers involved. I'd send it back and save everyone the h***le of dealing with it.
I have not cashed it or deposited yet. I'm just wondering whether they will figure it out or not. I don't understand why my own insurance company would give me back my deductable anyway. It is a deducable isn't it?? Todd
You learned it in kindergarten, send it back. Character is what you do when no one is looking. Obviously you know what is right, or you would not ask. Just because some memebers of our society have appeared to get away with dishonesty doesn't mean the rest of us should abandon our principals. Joe
Wow this is wild ! You say the other party was at fault and THEIR insurance Co. sent you a ck for your deductable??? I dont quite follow, The only time a deductable would apply is if YOUR Co.paid for the loss. Call your agent and find out whats goin on!! I wouldnt cash the check just yet! The additional check from Ins Co. could be for loss of use or diminished value???
I guess what I'd do is call up the insurance company too and ask them what gives. That way, if whoever you talk to says keep the check, you can cash it in good conscience.
I hate to depart from absolute legal behavior, but... Would they correct the mistake if they shorted you by $500??? Fraud requires intent, not just possession of the money. They overpaid you - you didn't submit a false claim. Not your fault if their math is poor. A bank made a mistake on my Visa once - they reported a $500 cash advance (loan) as a deposit (+) instead of a withdrawal (-). I explained to them very carefully what happened, and how, on the phone and by mail. The idiot who answered me doesn't even know how to read their own statement: "we don't make mistakes, you shouldn't have overdrawn your account". I kept it - $1,000 to the good (they gave me $500, instead of me owing them $500). They never found it. It was 1978.
and get their name too but first be sure its all on the up and up..you dont want it hanging over your head..as a previous poster said...you learned this rule in Kindergarten...or at least you should have
Panic, that's the same kind of answer some friends got when they complained one time that the bank had made a mistake and it cost them some money. The next time there was a mistake it was over $30,000 and it was in their favor. They were very large farmers in the area I lived then and large sums in and out of their accounts were a regular thing. They never said a word and left the money there for over a year. Finally they used it. Funny thing was a few years later it was discovered that the bank president had been embezzling from accounts and he was sent to prison. Were the mistakes on their accounts the result of his not remembering where and from whom he'd "borrowed money"? This all happened about 30 years ago.
This is a little sticky . You need to carefully sort this out . You were a claimant in the loss. The party that hit your car is liable to make you whole . You suffer no loss or gain in the strictest sense of the word. If the accident caused you to miss your flight . They owe the damage plus the air fare if it isnt refundable, loss of use, loss of time .. The driver of the car that struck yours had a contract with an insurance company to clear his liability in the event of a loss. The representative from the drivers insurance company acknowledged the acceptance of liability by sending you a check for the deductible and rental car expense. This is sometimes done because the insurance company will prefer to get you to use your policy and process the repairs to expedite the claim or to take advantage of a first party claim. That means you follow the language in the collision portion of your policy. By doing this they use your policy's language to their advantage. Example :using an aftermarket or used part , if available ,is a condition of your policy . As a claimant this clause doesn't exist. They need to clear their insureds liability. I'm getting a little off base here but bear with me. You ran the claim under your policy, as asked to do by the liable company ,and your carrier subrogated the cost incurred for the damage once the repairs were completed. The liable company reimbursed your carrier in full . Once your carrier received payment for the loss they had to reimburse you the deductible you paid. Your insurance company didn't care where you got the money to pay your deductible, just that you did. It was their responsiblity to return it to you once they collected from the other partys insurance company. The answer to the question " Do I keep the check or not " will depend on which insurance company you ask. Your carrier will probably say they owe you this reimbur*****t according to the contract. If you ask the liable insurance company they may say you owe them the money or if the rep is in a generous mood , they could say its yours for the inconvienience. Your are correct to ask the question " if it is owed to you or not" . What the claim rep said to you was they would like to pay for your deductible . Since they paid the loss in full to your carrier , it probably should be yours to keep (inconvenience of the loss ). Just ask the question to be sure and have the carrier provide you their answer in writing.
I'll take this a different route.... Did the compensate you for the depreciation on your vehicle that the other driver caused due to his negligence in the wreck that caused damage to your vehicle? Everyone knows that once they are repainted after a wreck they are never the same, nor do they retain their full 'pre-wreck' value. Just another way of looking at it...
as an auto insurance adjuster, I recomment sending it back with explanation. Years ago you might get away with it, but to many eyes on the accounts and it WILL catch up with you later.
+1. If you really don't understand what each of those $500 checks is for, call and get an explanation from each company.
WOW!! You sound like you know what you are talking about. Do you think I should call my insurance company and see what they think? Or the other company? Or both? Thanks, Todd
Some people think I know what I'm talking about but my kids are not some of them. I'm really unsure who you should pose your question to. I'm ***uming the deductible reimbur*****t check is from your insurance company. If this is the situation , they will probably say this is owed to you since they got full reimbur*****t for the damages. Ask them why they sent you this check and get their response in writing. It appears this matter is between you and your insurance company. I can ask an acquaintance at one of the insurance companies for a little better explanation of the situation and PM you back sometime tomorrow.
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