...first letter and provides second letter with another claim number and driver of other car as insured. Then declines coverage. This is a permissive use case. I have never been able to learn owner of car. Settled um claim then filed suit against driver. It is is past two years from accident. I have concern in discovery permissive driver will now say owner of car was name in first letter who the insurance company told me to disregard. I would want to add as a Doe Anyone who owned and gave permission to drive car. If it is person in first letter, are they estoppel from a sol defense?
Your facts are confusing and not clear. It is unclear how many vehicles were involved in the accident and which claims were settled when you settled your UM claim. You may have no surviving claims. Estoppel usually requires that you take some action to your detriment based upon facts which were falsely represented when you had no way of learning the true set of facts. It is unclear if that doctrine might apply. If you have not consulted an attorney regarding your UM claim and the claims you’re presently asserting, you should do so now.
think you have another problem. if you settled um claim, then um carrier arguably has a right to collect back anything you obtain from any other party, especially one who is vicariously liable for the party you claimed was uninsured. Check the policy langauge in the um policy on this.
If you settled with your carrier under the UM policy, you very well may be precluded from pursuing your own action against the UM driver. You cannot take any action adverse to your own insurance carriers ability to recoup its losses from the UM. Consult an attorney for your case specifics
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