A relative received a cheque from an insurance company mistakenly and he banked it. Is he liable to be sued?

Question

The insurance company still has not found out the mistake. But, if they did, would my relative get in trouble with the law? Should he own up first?

Answer 1

If the check was not intended for him he could be prosecuted for theft and the criminal court could order restitution.

More than likely the insurance company would ask for the money back and if not immediately forthcoming would call the police since that way they don't have to pay the costs of suit.

If the insurance company mistakenly paid a claim, then it's a civil matter.

If an insurance company sends a check unexpectedly it is often a return of premium: which means they have cancelled a policy for some reason. Mistakes happen, but they are rare.

Answer 2

As your relative has by now realised that the insurance company has mistakenly made a cheque out to him, he is liable at the very least for criminal misappropriation of property, if not outright theft.

The insurance company does not have to make any claims against your relative; all they need to do is to make a police report with supporting documentary evidence.

It would be best if your relative contacted the insurance company and work out with them the next step to take, before things come to a head.

Answer 3

He should advise the insurance company and ask them how they want to handle it, otherwise it is just stealing even if the insurance company never figures out the mistake.

Answer 4

I doubt he will be sued, however once the insurance company catches up with their mistake, they are going to come after him for restitution.

If I were him, I would contact the insurance company NOW and let them know of their error, and do it in WRITING, make sure you keep copies of EVERYTHING, sent it certified mail, registered mail, FedEX, something that will give you a receipt of what you sent, and keep COPIES of everything, just in case.

-Em

Answer 5

even while the brakes fail, you're nonetheless at fault. it relatively is the operator's (driving force) accountability to be sure a vehicle is in secure, working order, so which you're to blame for making specific the brakes artwork. relatively, i'm saying that because of the fact it replaced into you who led to the twist of fate, you're to blame regardless of if the twist of fate replaced into via three sort of mechanical failure. I do consider the previous commenter that the cop had no corporation telling you which you will possibly no longer be to blame. that may no longer his place to realize this. that determination isn't as much as him. you need to touch your coverage corporation - if no longer something, touch your close by agent. Ask them to describe precisely WHY the corporation needs you to pay off the money. as long because it replaced right into a valid declare, they shouldn't % their money lower back, and you deserve a proof approximately WHY they do. If this is an extremely great quantity of funds, it would be that they are going to be keen to artwork with you on a cost association, if it relatively is desperate which you do certainly owe the money lower back. If at any time you at the instant are not getting the solutions you % out of your coverage corporation, by skill of all skill touch an criminal expert. legal experts look to like to circulate after massive coverage companies, and you will possibly be able to correctly be waiting to get one to take your case for a real looking fee. It by no skill hurts to ask, good? Regardless, sturdy success!

Answer 6

gotta pay it back