Legal Question in Insurance Law in Pennsylvania

ins co. gave me 2 checks, i cashed both, now they want one back. its there misha

I was in an accident, the other driver was at fault, and cited for it. His ins. co (state farm)came and did an estimate in a foot of snow for $1,800. I got the check, cashed it and began to buy parts and fix it. A licensed mechanic found more wrong with it, the ins. co came back out and stated it was now a total-loss. They said its worth $3,400. I owe the bank $1,600. They paid the bank, and gave me a 2nd check, this one for $1,800 also. I signed it over to a dealership, a day later the ins. co called and said they screwed up and shouldn't have givin me the 2nd check because they forgot to deduct the initial $1,800 from it. I said its your screw up, I don't have either check, or any of the money, they said they put a stop payment on the check(and the dealership is going to try and cash it and find out) am i screwed? Can the ins. co do this? Will the dealer come take my car because of a bum ins check? i work 3 jobs, 1 as a delivery driver. I had a perfect car, now i might not have anything? HELP ME, feel free to call me with help first thing tomorrow morning!! PLEASE!!


Asked on 3/05/04, 2:04 am

1 Answer from Attorneys

Re: ins co. gave me 2 checks, i cashed both, now they want one back. its there m

What you are trying to do is wrong morally and you know it. It also is wrong legally, so save yourself the trouble of getting sued by the insurance company for fraud.

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Answered on 3/05/04, 8:26 am


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