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Lv 4
Dark asked in Politics & GovernmentLaw & Ethics · 6 years ago

NOW her insurance wants to pay...?

I was rear ended last August by a woman in a mini van while stopped at a light. We pulled over, exchanged info, she admitted fault, etc, etc. After her insurance company sent me to get a damage estimate - about $500.00 - I didn't hear back for weeks. I called and they told me they were trying to get hold of the woman who hit me. Couple more weeks and I call back. They tell me they were denying my claim because they couldn't get hold of her. Called my insurance company for back up but by October they said I was out of luck so naturally I filed a lawsuit against the driver who proceeded to ignore every court summons and date and I got a default judgment and have sent it to the constables to go collect my money - over $1700 now after court cost are added. Suddenly last Friday I get a surprise call from the insurance company asking why I had not cashed the check they sent me. Naturally I responded, "You sent me no check. You denied me." They insist they did but offer to send another for the $500.00. I'm concerned what it would mean for my judgement if I took this money now.

Update:

Perhaps but the judgement is against the driver not the insurance company. Will that make a difference or are they technically off the hook since I didn't include them?

Update 2:

It took them until a January of 2016 to FINALLY cut me a check but they did it. I didn't care who paid it as long as someone did. Thanks for the answers.

2 Answers

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  • 6 years ago
    Favorite Answer

    Your judgment will disappear, because the insurance company will make you sign a release prior to issuing you the check. Tell the insurance company that you have a $1700 judgment for the incident, and you won't accept anything other than $1700. My guess is that they will pay it, because $1700 is like petty cash to an insurance company.

  • 6 years ago

    it would be either or, not both

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