Car accident/insurance question (United States)?

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

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.

No, insurance is to be used to fix the car, not for cash in your pocket.

Whose company is paying for your damages?

If the insurance is the at fault insurance, then they will issue you a check to (you) personally, thus you have the choice to cash it or fix it and it is legal. They don't give a crap if you fix it, since they will pay what is owed to fix and then close the claim.

But (if) this is (your) insurance, then they will issue you a 2 party check, which is payable to you and body shop. Now if you choose to have the check in your own name, then they will do this, as long as your car is paid off and no lien.

Now if you don't fix, then insurance will note to your file of the damages and if another accident, then they (deduct) the $1,000 to the 2nd amount of damages. Or, could decide to non re-new or not allow you to keep collision/comprehensive on your policy if you don't fix.

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.

Your best answer is wrong, just so you know. He might have 30 years in the auto business, but it sure as hell isn't the insurance business. You just picked it because it's what you want to hear.

You already sued for compensation, and that was your $1000 repair job. The insurance company is obligated to make sure you recover what you lost, and that's what the law says. You're not going to get a judge to force them to pay that money directly to you, because you're not going to get your legal expenses awarded to you. Small claims court doesn't do that, not in any state, and the amount you're talking about is small change.

Any lawyer will want $20,000 minimum, paid in advance, to take your case to court. And that's just the start-up cost, it gets expensive after that. You really want to risk losing that much, just because you'd rather have a measly grand in your pocket?

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.

No.

good luck finding a lawyer on a $1000 case

Sue, not sure.