Insurance claim

[karen22]

What is the name of your state? Oregon

I was in an accident in which the other driver is at fault. His insurance company is telling me that they won't give me a check for the damages, I have to take it to a body shop, and they will pay the total.
Are they allowed to do this, or can I demand they give me the money for the estimated damages?

 

[racer72]

Yep, they sure can do that. The insurance company probably gets a discount, it saves them and their policy holders money.

 

[tammy8]

Ummn you were planning on repairing the car right? Then what is the big deal as long as your car is fixed?

 

[karen22]

Hey thanks for the reply Tammy8, it was really helpful in answering my question... here's the big deal, in the US people have rights to their personal property. I own the car. Just because some moron hit me, that does not give his insurance company any right to my property, they can't tell me what I have to do with it. All they should be allowed to do is pay for the damage done, in my opinion, anything else is violating my ownership rights. Next time you have no idea what the answer is, don't reply with some stupid value judgement.

 

[tammy8]

So you weren't planning on fixing the car. Okay whatever.

 

[hexeliebe]

I own the car. Just because some moron hit me, that does not give his insurance company any right to my property, they can't tell me what I have to do with it. All they should be allowed to do is pay for the damage done

Shoulda, coulda, woulda. Tell it to the judge when you sue the insurance company for violating your "RIGHTS". You have two and ONLY two choices here; take the car to a repair shop and let the insurance pay for it or; don't take the car to a repair shop and drive around with a car that matches the trailer.

in my opinion, anything else is violating my ownership rights.

And the law doesn't care about your opinion. And neither will the judge. The law is there not only to protect you, but also to protect the insurance company from fraud. If you don't like it, either change the law or sue them. But whinning never accomplished anything.

 

[karen22]

Hexeliebe….
So what you’re saying is I have four choices, not “ONLY two choices here”: take the car to the repair shop, don’t repair it and further enhance my white-trash ensemble (which really is quite advanced and doesn’t need any additions), change the law, or sue. I’m leaning towards suing. I like how you put the word ‘RIGHTS’ in quotations, like it is some sort of mythical dream that doesn’t exist…I have rights baby, whether or not I get what I want doesn’t change that. You’re right I’m whining, but what am I really supposed to do on this forum? I just wanted some answers to my question, so thanks, you have given me four fun and fresh ideas that I never thought of before. So what really is the law, that’s what I’m after…

 

[racer72]

The only legal obligation the insurance company has to you is to return your vehicle to the pre-accident condition. There is no law that says they have to pay you in cash. And you want a real eye opener, when you sue the insurance company will claim that you declined a fair and equitable offer and that that offer is now rescinded and they would like the case dismissed. And when the judge agrees, what will you have then? Even if the judge finds for you, he will accept the offer of goods and services in lieu of cash as an acceptable method of payment. I would suggest that you talk to a local attorney for more guidance. Print out this thread and show the attorney too, don't be surprised when he says we are correct.

 

[karen22]

Thanks Gramps, seriously, that’s the kind of answer I was looking for…an explanation of what actually would happen and the knowledge that there is no law to help me get rich when someone hits my car. I don’t disagree with you at all on what would happen, I just wanted to see what I would be up against with an insurance company and you have convinced me that it would be a poor choice to get medieval with these people. I’m still going to try to get money and have the old man do the repairs…you never know. Back when mullets still ruled the west coast, I had an accident and the guy’s insurance company treated me fairly and paid cash. America, let’s keep the dream alive, mullets and cash.