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Not if you haven't already accepted the payment. Your policy most likely states that if you 'accept' payment from a tortfeasor then you waive the right to recovery from your own policy. Also, if you have accepted payment but the amount you have accepted is less than the deductible under your own policy, your insurance company may still allow you to file under your own policy. The company will then pursue the tortfeasor or their insurance company for the remaining amount of the damage.

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โˆ™ 2007-05-04 04:47:11
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Q: If you said you would take cash but later changed your mind and called your insurance company can you be penalized for the verbal agreement?
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