Legal Question in Personal Injury in California

Insurance payment without settlement offer?

My car was 'totaled' (& seperate minor neck injury) by car wash employee. Ins. Co has verbally agreed to pay for rental and fair price for car -but before they'll cut a check they expect me to 'overnight' my car title to St.Paul Minn without anything in writing (ie,settlement offer/agreement).Can this be a normal practice for an insurance co.? -Need advice quickly.


Asked on 7/21/06, 2:44 am

3 Answers from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: Insurance payment without settlement offer?

You should be cautious. While this is not an uncommon practice, once it happens you lose some negotiating power over the timing of the receipt of payment. I would ask the insurance company to confirm in writing that they will send a payment for $XXX within 3 days of receipt of the title via overnight mail. If they want you to overnight something, they should be willing to offer the same courtesy to you.

You may want to read more about total losses and how to handle them at my blog, www.calpiblog.com

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Answered on 7/28/06, 12:27 pm
Joel Selik www.SelikLaw.com

Re: Insurance payment without settlement offer?

I would not send it without anything in writing.

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Answered on 7/27/06, 3:09 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Insurance payment without settlement offer?

Sounds fishy to me.

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Answered on 7/27/06, 3:43 pm


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