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Insurance Claim

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dolt

Junior Member
What is the name of your state? TX

My wife was backed into by another car.

The insurance company has admitted fault and asked us to take the car to be fixed, and to have the repair place upload the information to fix the car, and then they would write them a check.

I had asked if there was a way such that I could have the check made out to me for the damages so that I could shop around and get the best service, but they claim to only deal with the actual repair shop.

Is there a way for me to insist to be reimbursed by the insurance company directly, or must I choose a repair facility and have the insurance company and them work out the details, as personally I would prefer to have a check, so that I can do it on my own timeframe, and could take some time if needed to decide which repair shop to take it to.

As this is estimated to take 5 days to complete the job, I was told that I could get a rental car by simplying providing the claim number to the rental car agency. Since the car that is being repaired is a SUV and I need the room for my kids, are they under obligation to allow me to get the right size vehicle to replace my loss.

Is there a way I can be compensated for depreciation of the value of my car since being involved in an accident would affect its value.What is the name of your state?
 


moburkes

Senior Member
I am guessing that you do not have a loan on your vehicle.

The insurance company is not required to write YOU a check for the damages. The purpose of insurance is to return you to pre-accident condition. So, they want to return your vehicle to pre-accident condition. Since you may not use the money to repair the vehicle, they may not be doing their job. THAT is why they want to write the check to the body shop. You don't have to have a particular shop repair the vehicle. You can get several estimates. But, you might not be able to have them write you the check. Also, they want to make sure that your vehicle isn't dangerous. By you "taking your time" to review shops, you might be driving a dangerous vehicle on the road putting yourself, your passengers, and others in danger.

They are not required to rent an SUV for you. Let's say you are married and have 3 kids. All 5 of you will fit just as easily in a roomy sedan, as you will in an SUV.

You can ask for diminished value, but there is no TX law that requires an insurance company to give it to you.
 

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