Legal Question in Insurance Law in California

I was recently in a car accident and the other driver was 100% at fault and I filed a claim with the other party's insurance company. I received an email from the insurance co. Days ago that I would be receiving the agreed upon amount to fix my car in the form of a check mailed to me and that I could now call my auto body shop to set up an appointment to have the repairs done. Then just yesterday, the insurance co. Called me and said that they would only pay a portion of the amount.

I have a scheduled appointment with the auto body shop today.

I have not received payment from the insurance company though.

Is this Detrimental Reliance?


Asked on 8/20/14, 6:31 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Only if there's more to the story. Will you have to pay a cancellation charge to the body shop if you cancel the appointment? Did you take (or refrain from taking) any other action based on what the insurer had told you? If you can just cancel the appointment with no adverse effect, I don't think your argument will work.

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Answered on 8/20/14, 5:40 pm


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