Is it estoppel when insurance company first sends you letter with claim number and insured's name, then tells you to disregard

Asked over 1 year ago - Woodland Hills, CA

...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?

Additional information

This is a California case with farmers insurance.

Attorney answers (8)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . 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.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. George Costas Andriotis

    Contributor Level 20

    15

    Lawyers agree

    Answered . Consult and hire an attorney to investigate and get to the bottom of this mess.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  3. Jason Todd Studinski

    Contributor Level 20

    14

    Lawyers agree

    Answered . Retain a lawyer immediately. Good luck.

  4. Marc Lazarus

    Contributor Level 14

    12

    Lawyers agree

    Answered . It is unclear from your question what has transpired. You should consult an attorney right away to discuss your case.

    Marc Lazarus
    www.russellandlazarus.com

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . This sounds fishy. Retain one of the lawyers in your state who answered above to investigate.

  6. Robert Shannon Carpenter

    Pro

    Contributor Level 10

    11

    Lawyers agree

    Answered . Consult with an attorney immediately. It sounds like you have a very convoluted situation on your hands.

  7. Robert Bruce Kopelson

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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.

  8. Richard Andrew Harting

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . 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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