Hemet, CA asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California

Q: Insurance company demanding $900 back that was given to us in THEIR mistake

My parents were involved in a car accident for the first time. Two children were in the crash so the insurance shortly sent them checks for the car seats. My parents received a $100 check for one of the car seats & a $900 check. Since it was the first automobile accident they had been involved in they didnt know what it was for (the insurance company never specified). My parents spent the $900 & now the insurance company is demanding it back because they made a mistake & gave my parents the check instead of the body shop were they fixed our car. Is there anything we can do ?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: If someone else was involved they have an injury claim and should get a free consult with a member of CAOC.

Basically, the company overpaid. Assumoing its their insurance a court would give them the amoujnt less cost of car seats--your parents would otherwise be "unjustly enriched." Like when a band teller makes an error and you don't tell them "hey, isn't this too much....."

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