Auto Accident- Not at fault- Who gets the check???

[ManderRN1]

Two Questions:

I am from WI, and my car was hit while legally parked on a city street. The other driver backed out of a driveway into my parked car (No one was in my car. Fortunately, I was standing outside and saw the whole thing). Police were called, and I obtained a copy of the accident report. There is some minor damage to the front bumper of my car. I took the car in to get an estimate, and have called the other driver's insurance company to start the claims process. I own the car, there is no lein on the title. My first question is this...

Will the other driver's insurance company make a check out to the repair shop, or can I request that they make the check out to just me?

The damage is minimal (the estimate was for $480.00), and I have not decided yet if I want to have it repaired or when. I do, however, feel that the other driver's insurance company should still pay me for the damages because even if I choose not to have the vehicle repaired, the damage has still depreciated the value of my car. The guy at the body shop told me that it is fraud to take the insurnace money (even if the check is made out only to me) and not have the car repaired. I have a feeling he's just saying this because he just wants the business (and the money). My second question is...

Is the repair guy lying to me, or do I HAVE to use the money to have the car repaired?

Any help would be greatly appreciated! Thanks...
-Amanda, RN

 

[xrevvyx]

from my understanding the check is usually paid out to YOU - assuming that you have had the car repaired - and are waiting to be reimbursed for your out of pocket expenses -

i dont think its fraudulent for you to NOT have the car repaired because
#1 - if you go to sell it - it will be at a depreciated cost (because of the damage)
#2 - if you choose to fix it you could go to a shop that was cheaper (or more expensive) than the one who wrote the estimate - but the insurance co will have paid what they deem is fair