National City, CA asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Small Claims for California

Q: whats the best legal advice for breaching a verbal agreement on an insurance claim?

i was in a minor collision with a lady that resulted in a verbal agreement between both parties to resolve the issue outside of insurance . She said, because her car was new and didn't want the value to go down it was in the best interest of both parties to pay her the damages directly.

She would later breach this agreement and go to the insurance filing the claim, mentioning that she was injured in the accident which is false .

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Insurance Claims Lawyer
  • Sacramento, CA
  • Licensed in California

A: In your situation, it's crucial to gather all evidence of the verbal agreement, such as text messages or emails that reference it. This documentation will support your position if you need to dispute the insurance claim or address any false injury claims.

Next, you should promptly notify your insurance company about the incident, providing them with all relevant details. Explain the situation, including the verbal agreement and any breach of that agreement. It's important to cooperate fully with your insurance company to ensure they have all the information they need.

Finally, consider addressing the false injury claim directly, as this could significantly impact the outcome. You may need to consult with a legal professional to explore your options, especially if the other party's actions result in financial or legal consequences for you. Taking these steps will help protect your interests and navigate the situation effectively.

Tim Akpinar
Tim Akpinar
Answered
  • Insurance Claims Lawyer
  • Little Neck, NY

A: This is not uncommon. If the other side is moving forward with an injury claim, you should be in touch with your insurance carrier to place them on notice of the accident. Good luck

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