Should the check for repairs go to the garage or the car's owner?

by Anonymous

I was rear ended and the adjuster told me that I can choose a repair garage, but I have to get the vehicle repaired there and the check is written to the repair garage, not to me, the car's owner.

Is this correct procedure, or should the check go to the car's owner? Any information you can give on how this works would be greatly appreciated. Thanks.

Visitor Question:
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ANSWER for "Should the check for repairs go to the garage or the car's owner?":

Anonymous (Texas):

Almost all insurance companies make out property damage body shop checks to the owner of the repair shop and the car owner. It's standard procedure. This prevents some unscrupulous car owners from "pocketing" the check and not paying the car repair shop.

In those cases in the past where car owners were issued the full amounts and the repair shop wasn't paid, the repair shops turned around and sued the car owner and the insurance company. Insurance companies don't like being sued, especially over car repair costs. You'll find this is the way these insurance claims are handled all over.

As long as your car is being repaired and the repair shop is deducting their rightful costs you shouldn't have any problem anyway. After all they do have to be paid.

If you were injured and are entitled to a separate insurance check for your injuries the check will be made out directly to you.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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