Katy, TX asked in Insurance Defense for Texas

Q: Insurance claim for fender bender - can you tell insurance company you want to pay out of pocket?

My son was driving a car owned and insured by my wife. On a recent visit to his mother's house, he backed into his sister's car and made a small dent. My ex-wife has filed a claim on her insurance, even though my son told her he would pay for the repairs out of pocket, and now her insurance company is calling us wanting to make a claim against our insurance. Can we tell my ex-wife's insurance that we are going to pay for the repairs out of pocket, so that they don't file a claim? are we forced to give them our insurance?

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Texas attorney could advise best, as insurance practices are governed by state law. But your question remains open for four weeks. As a GENERAL matter nationwide, without regard to state-specific practices, those types of small property damage claims are sometimes left to the discretion of the individual claims examiner or claims department manager. You could ask the examiner if they are willing to close the claim without formal subrogation against your insurance. Good luck

Tim Akpinar

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