lundi 19 septembre 2016

Auto Insurance: Accepted Email Settlement Offer, Binding

My question involves insurance law for the state of: California

I filed a claim under my uninsured motorist policy. My insurance company deemed my car was a "total loss" and emailed me an offer. I accepted the option for the insurance company to retain my vehicle and send me payment. I followed instructions; Fedexed signed title and keys. Insurance company accepted delivery. However, now the claims specialist is sending back documents and claiming car is repairable, and to talk to a new claims specialist. Is my accepted offer binding?

Below are a two emails from Claims Specialist.

Email 1:
Hi Xxx,

I attempted to contact in you in reference to your claim. Unfortunatly the vehicle was deemed to be a total loss. Below is two settlement options along with the instructions to finalize the total loss portion of the claim. . . .

Insurance Co. Retain Settlement . . .

Net Settlement $xxxx
If you choose this option I will need the following:
1. Your unsigned title
2. Extra Keys--if you have any. Please leave one set with the car.
3. Voided check or EFT form (if you prefer the EFT payment method)
Attached to this email is an example on how to sign your title and a return FedEx label. It is very important that you take the document(s) to a FedEx store or drop box, do not use the US postal service, it will delay the payment.

Owner Retain Settlement . . .

Net Settlement $xxxx
If you choose this option I just need a copy of your title which can be emailed or faxed to me at xxx-xxx-xxxx.

As soon as I receive these documents, I will be able to make payment.

Xxxx
Claims Specialist



Email 2:
Hi Xxxx,

The vehicle was deemed to be repairable therefore we will not be totaling the car. I’m sorry but this settlement is not an option now. I have sent the documents back via FedEx. I am no longer assigned your claim, Xxx will be working with you now on the vehicle repairs. You may reach her at xxx-xxx-xxxx.

Xxxx
Claims Specialist


Auto Insurance: Accepted Email Settlement Offer, Binding

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