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Claim Payout question

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Davidthelion

Guest
What is the name of your state? California
A lady ran smack into my parked motorhome and wiped out her truck. State Farm has taken responsibilty, however, they are telling me I have to take it to a body shop and their adjuster will come out and will pay with 2 party check to the shop directly. What if I don't want to fix it then and there and now? Don't they owe me the money? Can't they just pay me? She hit my home parked at a meter on the side of the street. Living in the RV can't have it fixed right this minute.
HELP? What do I do?

David:(
 


ALawyer

Senior Member
Several issues.

The woman who hit you is liable for damages she caused. Her insurance company has to defend her, not pay you, and could tell you to take a hike and demand that you sue her if you wanted to. That requires you to prove damages, usually by an expert, or present a paid bill. And it would take months or more.

Instead here it is saying we will pay for the repairs if you're willing to do it our way. That's your choice, as you could take the sue her route if you don;t like their offer.

Very often an insurance company does not believe the estimates, and thus it knows if it pays the repair shop, you'd have no (or less) motive to lie or pad the bill.

Then again, if the motor home is financed, the lender has rights in the home. Thus her insurance company can't just pay you and let you keep the money, as the value of the collateral, the home, was diminished, and the lender has rights here too.

In short, if the insurance company agrees to pay for the repairs, AND a replacement while the repairs are made, I'd take it. If the adjuster meets you at the shop on Nov 1 at Noon, and writes a check for the $4,000 it takes to make the repair to the shop, that does not mean work has to start immediately. You should still be able to select dates that are mutually convenient to you and the repaiur shop.

Also, don;t forget about asking for the rebt of a replacement vehicle and/or hotel room during the repairs....
 

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