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

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.