I was sitting at a red light in my fully-paid-off car, and someone rear ended me, causing $1000 in damage. The insurance company insists on making the check out to a repair shop rather than me, which I'm not willing to accept. If I get an attorney and sure them, am I likely to be awarded the damages PLUS attorney's fees?
fire4511
Favorite Answer
There is no law requiring that you get your car repaired. You can legally accept the payment for the damage and not get it repaired, The insurance company cannot demand that you have the repairs done.
I would tell the insurance adjuster that if they insist on paying a shop, you want them to pay for replacement transportation, and loss of value of vehicle (a collision reduces the resale value of the vehicle.
Another choice is to talk to the adjuster's supervisor and explain that if they do not pay you, you will be consulting a lawyer and filing a complaint with the state insurance commission
$1000 is not a lot of damage and the insurance company is trying to not have to pay at all
F
In UK but for what it's worth, I've twice agree damages with someone whose crashed into my car without going through the insurance. The first one paid me direct (It was only minor damage, so I didn't bother getting it done), but the second one insisted on making a cheque out to the repair shop. I think this was because it was a company car and they could reclaim VAT etc.
In any case (and country) I don't think the insurance company will pay money direct to you. Some insist on using "approved" repairers, which is not a legal requirement. However, they get round that by having a larger excess, if you go somewhere else.
regerugged
You can only sue for damages, repair costs plus daily rental rate if you have to rent a vehicle. Do not allow payment to a shop. That looks shady. If the claims adjuster won't pay you, call his supervisor. If that does not work, file a complaint to the Insurance Department in the state where you live.
May
If it is the other persons insurance company that is paying, you have a right to have the check made out to you and to you only. If it is your own insurance company that is paying, they will insist on making the check payable to you AND to the repair shop. If you absolutely want the check made out to you only then they will do that and promptly canel your policy with them.
JetDoc
No.