Skip to main content

Can I sue a car insurance company for falsely awarding bodily injury money and reporting it on my record?

Orlando, FL |

I was in a rolling less the 1mph accident a few months ago. Turns out my car insurance company never contacted me regarding the claim and I didn't find out that there was a false payout on my behalf from progressive for bodily injury to the other lady until a week ago. My record now shows they paid out bodily injury to a women with a pre-existing condition. They told me they paid this out under the hypothetical idea of she "might" sue with no notice to me the policy holder of there even being bodily injury reported. Can they even do that? And how do I get it off my record if it's not right?

Progressive is also telling me now that even if it is incorrect they cannot do anything to change it because they have paid out to money already.

Attorney Answers 5

  1. Yes they can settle without your consent. It is very unusual for an insurance company to pay out on a claim that appears totally baseless, so they must have felt it was justified for some reason. People still get hurt in low-speed accidents, so that alone is not a reason to deny a claim.

  2. Yes. Read your policy. I believe it says the insurance company can settle a claim without your consent. They apparently determined it was more cost effective to pay a small sum to resolve the claim than to incur the expense and risk of defending the claim. Very few policies require the consent of the insured. Medical malpractice insurance for doctors typically require the extent of the insured. There may be others but I am unfamiliar with any auto policy that requires consent. You bought insurance to protect your personal assets from auto claims against you. THe insurance company provided you with that protection.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

  3. The insurance company can decide to settle a case without your consent. While it may seem unfair, the insurance company acted in their best interests as well. At the very least, you will almost certainly not be open to personally being sued based on the accident.

    Any answer given is for general reference and does not establish an attorney-client relationship. For a more detailed answer based on the facts of your case, contact Greater Tampa Law, P.L. at (813) 444-2244 for a consultation.

  4. They can settle without your consent

  5. The insurance company can settle a claim without your consent. They must have determined it was more cost effective to pay to resolve the claim than to incur the expense and risk in defending the claim against you.

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics