Expert: Richard Hixenbaugh - 6/14/2010

Question
A drunk driver hit my husband in our truck months ago. He totaled our vehicle. He was uninsured and driving on a revoked license, but his wife had given her keys to him, so her insurance picked up the liability.
Long story short, our vehicle was worth more than the insured liability coverage, so it reverted back to our Uninsured Motorist Fund coverage. So it ended up that the other party’s insurance only had to pay our deductible (to us).
Our auto insurance company sent us a check for the value of the vehicle, which I should go into some detail, was a rare truck, for this area.
It was a 2004 Ford, 4x4, FX4 Level2. Our insurance company couldn’t come up with a price that was close to what we found for one on the Internet. So they paid us for a regular Ranger and also about $1,000 less than what we thought we should’ve gotten.
Anyway, now, over a month later, they just called to say, they over paid us.
That they included the deductible in the check ($1,000). I don’t think so. How do we know that? Should I ask for proof in writing? Do we have to give this back? Is this a common occurrence? Should I get a lawyer?

Answer
Hi Cookie,

You should absolutely ask them to prove it in writing. They should provide you with a detailed accounting of everything that was paid.

If they did over pay you then you will have to give the money back. It sounds to me like the other insurance company sent you a check for your deductibe and then so did your insurance company when they got reimbursed by the other insurance company. But you will not know for sure until you get a detailed accounting of what happened.

I hope this helps
Richard Hixenbaugh