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My car damaged by a company vehicle - check made out to body shop?

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My parked car was hit by a company vehicle and a note was left on my car.  I contacted the company, who asked me to get an estimate and send it to them.  I had estimates done at a handful of places (which came to similar amounts) and sent them one of the estimates.  The company said they would get back to me... I contacted them for a status update and they said they just sent a check to my address but made out to the Body Shop that was on the estimate I sent them (I think they are paying out-of-pocket rather than through insurance).  My question is, can I demand that the check be reissued directly to me? I'm not sure what is typical in these kind of situations, but I hadn't actually decided where/when I want to fix my car, and the company didn't confirm with me before sending the check.

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BostonOne (Aug. 27, 2017 @ 5:58p) |

You don't like variety?

DTASFAB (Aug. 28, 2017 @ 8:57a) |

They are doing the best anyone could possibly do. Is your goal is to pocket some money?

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rated:
251rc said:   My parked car was hit by a company vehicle and a note was left on my car.  I contacted the company, who asked me to get an estimate and send it to them.  I had estimates done at a handful of places (which came to similar amounts) and sent them one of the estimates.  The company said they would get back to me... I contacted them for a status update and they said they just sent a check to my address but made out to the Body Shop that was on the estimate I sent them (I think they are paying out-of-pocket rather than through insurance).  My question is, can I demand that the check be reissued directly to me? I'm not sure what is typical in these kind of situations, but I hadn't actually decided where/when I want to fix my car, and the company didn't confirm with me before sending the check.
 

  You can demand whatever you want, but there's no obligation to accommodate such demands.  Their liability is to restore your car to pre-accident condition, which is what they're doing.  They have no obligation to hep you cash out a portion of your car's value.

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You can demand anything you want, whether they will do it is another question.

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If you have an issue with it, you can just call your insurance agent and have them call the company's insurance.

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Luniz97 said:   If you have an issue with it, you can just call your insurance agent and have them call the company's insurance.
This...

If you're agreeing to accept a reimbursement payment outside the insurance claims process, you can demand anything you want.  If they don't comply, you can deal directly with their insurance company.  If they refuse to provide you with their insurance information, file a police report and ask your own insurance for help.  Since your vehicle was parked and you were not present, this will not count as an accident affecting any safe driver discount you might have.  It may count as a claim on your vehicle, however.

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Thanks for the replies, that makes sense. I was also thinking that because I was dealing with a company, after submitting my estimate, I'd be contacted by their insurance company to work out the final details.  I was a bit surprised that they just cut a check and mailed it right away, but I guess they want to work it out outside of insurance.  

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I think it is their way making sure you get the car fixed. They accepted your submitted estimate and may have in good faith believed you were going to that Body Shop for the repairs.

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DTASFAB said:   
 
If you're agreeing to accept a reimbursement payment outside the insurance claims process, you can demand anything you want.  If they don't comply, you can deal directly with their insurance company.  If they refuse to provide you with their insurance information, file a police reportand ask your own insurance for help.

  I dont think this applies as it happened in a parking lot and not on a public road. There's no traffic accident implicating insurance, only damage to private property. You can of course file a police report but it will be simply damage to your car and not a traffic accident.

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rufflesinc said:   
DTASFAB said:   
 
If you're agreeing to accept a reimbursement payment outside the insurance claims process, you can demand anything you want.  If they don't comply, you can deal directly with their insurance company.  If they refuse to provide you with their insurance information, file a police reportand ask your own insurance for help.

  I dont think this applies as it happened in a parking lot and not on a public road. There's no traffic accident implicating insurance, only damage to private property. You can of course file a police report but it will be simply damage to your car and not a traffic accident.

When dealing with their insurance company, it's strictly a liability issue.  The nature of OP's property, whether it's a vehicle or a large generator or a house or a huge DVD collection of porn, is irrelevant.  Their company car, which presumably has liability coverage, damaged his property.  OP is entitled to reimbursement for his damage.

If OP has to get his own insurance company involved, there are more complications - does it fall under his collision coverage, his comprehensive coverage, or his uninsured motorist coverage?  Ultimately, he should get paid regardless, but if he uses his own insurance, that insurance is tied directly to protecting his car specifically.

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JW10 said:   I think it is their way making sure you get the car fixed. They accepted your submitted estimate and may have in good faith believed you were going to that Body Shop for the repairs.
I wouldn't go so far as to accuse them of acting in bad faith based on what we know so far, but they really have no right to dictate or control what OP does with the reimbursement money.  They damaged his property and they're responsible to reimburse him for that damage and make him whole.  If they want to deal directly with OP, outside insurance, they owe him a check made payable to him.

They should still get the benefit of the doubt at this point, but if they're seriously trying to force OP to get the car fixed and not pocket the money, they are definitely misguided about what they're doing.  If their willingness to deal outside insurance is contingent on OP actually fixing the car, they're overplaying their hand.

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DTASFAB said:   
rufflesinc said:   
DTASFAB said:   
 
If you're agreeing to accept a reimbursement payment outside the insurance claims process, you can demand anything you want.  If they don't comply, you can deal directly with their insurance company.  If they refuse to provide you with their insurance information, file a police reportand ask your own insurance for help.

  I dont think this applies as it happened in a parking lot and not on a public road. There's no traffic accident implicating insurance, only damage to private property. You can of course file a police report but it will be simply damage to your car and not a traffic accident.

When dealing with their insurance company, it's strictly a liability issue.  The nature of OP's property, whether it's a vehicle or a large generator or a house or a huge DVD collection of porn, is irrelevant.  Their company car, which presumably has liability coverage, damaged his property.  

But you can't force it to goto insurance in this case by filing a police report
OP is entitled to reimbursement for his damage.
 

and they promptly cut a check to the Body Shop the OP supplied

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rufflesinc said:   
But you can't force it to goto insurance in this case by filing a police report

  what??????????????
rufflesinc said:   and they promptly cut a check to the Body Shop the OP supplied 
   At best, that was presumptuous on their part.  Like I said, I don't necessarily think they're acting in bad faith, but OP is not obliged to accept that particular payment.

Most likely, and hopefully for OP, some innocently absent-minded non-thinking person at the company wrote the check the way they THOUGHT OP wanted it written.  And in that case, all OP has to do is contact the company and ask for a new check to be written a different way.

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DTASFAB said:   
rufflesinc said:   
DTASFAB said:   
rufflesinc said:   
DTASFAB said:   
 
If you're agreeing to accept a reimbursement payment outside the insurance claims process, you can demand anything you want.  If they don't comply, you can deal directly with their insurance company.  If they refuse to provide you with their insurance information, file a police reportand ask your own insurance for help.

  I dont think this applies as it happened in a parking lot and not on a public road. There's no traffic accident implicating insurance, only damage to private property. You can of course file a police report but it will be simply damage to your car and not a traffic accident.

When dealing with their insurance company, it's strictly a liability issue.  The nature of OP's property, whether it's a vehicle or a large generator or a house or a huge DVD collection of porn, is irrelevant.  Their company car, which presumably has liability coverage, damaged his property.  

But you can't force it to goto insurance in this case by filing a police report
OP is entitled to reimbursement for his damage.
and they promptly cut a check to the Body Shop the OP supplied

  what??????????????

I assume op's car was parked in a parking lot. So no, it wouldn't trigger a traffic accident report requiring insurance info

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rufflesinc said:   
 
I assume op's car was parked in a parking lot. So no, it wouldn't trigger a traffic accident report requiring insurance info

  You weren't paying attention.  I said OP should deal with the company's insurance carrier, since they'd be the party to actually provide the funds to reimburse OP for his sustained damage if the guilty party doesn't reimburse him directly.  The guilty party is the insured client of the insurance company.

I said ONLY IF IT'S NECESSARY to open a claim with the company's (other driver's) insurance carrier AND OP DOESN'T KNOW WHO THAT CARRIER IS, should he contact his own insurance company to help.  A police report would be beneficial to have if OP has to deal with his own insurance carrier.

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DTASFAB said:   
rufflesinc said:   
 
I assume op's car was parked in a parking lot. So no, it wouldn't trigger a traffic accident report requiring insurance info

  You weren't paying attention.  I said OP should deal with the company's insurance carrier, since they'd be the party to actually provide the funds to reimburse OP for his sustained damage if the guilty party doesn't reimburse him directly.  The guilty party is the insured client of the insurance company.

 

  You don't seem to understand the obvious: the company took responsibility and cut a check. IF OP wants to quibble with how the check is made out, maybe OP should file a small claims case
here is what a wealthy suburb PD here says
Q. Will the Troy Police Department respond to the scene of a private property parking car accident?The Troy Police Department does not typically dispatch officers to the scene of minor property damage crashes that occur on private property. However, if there is an injury or one or more of the vehicles is not drivable, an officer will be sent to the scene to complete a report.  Our dispatch center also will send ambulances or wreckers if they are requested.”

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rufflesinc said:   
DTASFAB said:   
rufflesinc said:   
 
I assume op's car was parked in a parking lot. So no, it wouldn't trigger a traffic accident report requiring insurance info

  You weren't paying attention.  I said OP should deal with the company's insurance carrier, since they'd be the party to actually provide the funds to reimburse OP for his sustained damage if the guilty party doesn't reimburse him directly.  The guilty party is the insured client of the insurance company.

 

  You don't seem to understand the obvious: the company took responsibility and cut a check. IF OP wants to quibble with how the check is made out, maybe OP should file a small claims case
here is what a wealthy suburb PD here says
Q. Will the Troy Police Department respond to the scene of a private property parking car accident?The Troy Police Department does not typically dispatch officers to the scene of minor property damage crashes that occur on private property. However, if there is an injury or one or more of the vehicles is not drivable, an officer will be sent to the scene to complete a report.  Our dispatch center also will send ambulances or wreckers if they are requested.”

  Was OP's property damaged in Troy?  No?  Oh well, I guess that doesn't apply here.

The purpose of the police report is for OP to go on record stating that the company responsible for the damage is refusing to provide him with their insurance information.

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DTASFAB said:   
rufflesinc said:   
DTASFAB said:   
rufflesinc said:   
 
I assume op's car was parked in a parking lot. So no, it wouldn't trigger a traffic accident report requiring insurance info

  You weren't paying attention.  I said OP should deal with the company's insurance carrier, since they'd be the party to actually provide the funds to reimburse OP for his sustained damage if the guilty party doesn't reimburse him directly.  The guilty party is the insured client of the insurance company.

 

  You don't seem to understand the obvious: the company took responsibility and cut a check. IF OP wants to quibble with how the check is made out, maybe OP should file a small claims case
here is what a wealthy suburb PD here says
Q. Will the Troy Police Department respond to the scene of a private property parking car accident?The Troy Police Department does not typically dispatch officers to the scene of minor property damage crashes that occur on private property. However, if there is an injury or one or more of the vehicles is not drivable, an officer will be sent to the scene to complete a report.  Our dispatch center also will send ambulances or wreckers if they are requested.”

  Was OP's property damaged in Troy?  No?  Oh well, I guess that doesn't apply here.

The purpose of the police report is for OP to go on record stating that the company responsible for the damage is refusing to provide him with their insurance information.

  except there's likely no requirement for the company to provide insurance info because it was parking lot

i gave an example of a suburban PD's policy 

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JW10 said:   I think it is their way making sure you get the car fixed. They accepted your submitted estimate and may have in good faith believed you were going to that Body Shop for the repairs.
  I think anytime you have property damaged at the fault of another individual, that the restitution to make you whole should be yours to do with how you see fit.

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Fleet vehicles are frequently self-insured, or covered with policies that have very high deductibles. The payer in this situation is likely to always be the company.

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robby69 said:   
JW10 said:   I think it is their way making sure you get the car fixed. They accepted your submitted estimate and may have in good faith believed you were going to that Body Shop for the repairs.
  I think anytime you have property damaged at the fault of another individual, that the restitution to make you whole should be yours to do with how you see fit.

  rental property requires work to be performed to deduct from security deposit. i have a sad all the time due to this

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stanolshefski said:   Fleet vehicles are frequently self-insured, or covered with policies that have very high deductibles. The payer in this situation is likely to always be the company.
  Well if OP can't reach an agreement with them regarding amount and/or method of payment, his only option then is to sue.

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rufflesinc said:   
robby69 said:   
JW10 said:   I think it is their way making sure you get the car fixed. They accepted your submitted estimate and may have in good faith believed you were going to that Body Shop for the repairs.
  I think anytime you have property damaged at the fault of another individual, that the restitution to make you whole should be yours to do with how you see fit.

  rental property requires work to be performed to deduct from security deposit. i have a sad all the time due to this

  That has everything to do with OP's question.

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DTASFAB said:   
rufflesinc said:   
robby69 said:   
JW10 said:   I think it is their way making sure you get the car fixed. They accepted your submitted estimate and may have in good faith believed you were going to that Body Shop for the repairs.
  I think anytime you have property damaged at the fault of another individual, that the restitution to make you whole should be yours to do with how you see fit.

  rental property requires work to be performed to deduct from security deposit. i have a sad all the time due to this

  That has everything to do with OP's question.

  maybe you should look at what i replied to

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I love this... get sucked into the ruffles vortex and then get red from him in every post! It's like a theme park ride where you get soaked, but I kind of needed a shower anyway.

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Just to add to the spirited discussion, the car was street parked on public property

But yes, it appears that they are willing to pay contingent on it being fixed at the shop based on the estimate. I did not contact my insurance at the time of the accident, but I thought I'd be put in contact with their insurance first.

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OP,

Call the company that cut you the check and tell them that the Body Shop the check was made out to has a 3 week backlog, so you would prefer a check made out to you so you can take your car somewhere else. If they get hinky about cutting you a new check, offer to send the old check back first.

If they refuse, ask them why they are refusing. If they can't give a legit explanation, tell them that you would prefer not getting your insurance company involved, but you will go that route if they can't accommodate your reasonable request.

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meade18 said:   Call the company that cut you the check and tell them that the Body Shop the check was made out to has a 3 week backlog
There's no point lying about it. OP should just tell them straight up that the damages are $X as estimated by the Body Shop and wants cash for the damages instead of fixing it. If not, then call the insurance company so they can figure it out instead. It's up to them on how they want to deal with it.

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Also, don't forget the company driver did the right thing and left you a note and are taking care of it. They could have just moved on and never said a thing. So give them the benefit of the doubt. They also might be able to write it off as a truck expense if it made out to Body Shop. I wouldn't be so hard nosed because they did the right thing.

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DTASFAB said:   
Luniz97 said:   If you have an issue with it, you can just call your insurance agent and have them call the company's insurance.
This...

If you're agreeing to accept a reimbursement payment outside the insurance claims process, you can demand anything you want.  If they don't comply, you can deal directly with their insurance company.  If they refuse to provide you with their insurance information,

  You do realize it is completely their prerogative to put an insurance company in front of themselves, right?  If they dont want insurance to cover their costs, there's absolutely nothing you can do about it.  You simply cannot force them to invoke whatever coverage they may have.

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DTASFAB said:   
JW10 said:   I think it is their way making sure you get the car fixed. They accepted your submitted estimate and may have in good faith believed you were going to that Body Shop for the repairs.
I wouldn't go so far as to accuse them of acting in bad faith based on what we know so far, but they really have no right to dictate or control what OP does with the reimbursement money.  They damaged his property and they're responsible to reimburse him for that damage and make him whole.  If they want to deal directly with OP, outside insurance, they owe him a check made payable to him.

They should still get the benefit of the doubt at this point, but if they're seriously trying to force OP to get the car fixed and not pocket the money, they are definitely misguided about what they're doing.  If their willingness to deal outside insurance is contingent on OP actually fixing the car, they're overplaying their hand.
 

  "Making him whole" is him having a vehicle in the same condition as before the accident.  If OP wants cash instead of the repairs, that would be "settling the claim" in lieu of being made whole.

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Glitch99 said:   You do realize it is completely their prerogative to put an insurance company in front of themselves, right?  If they dont want insurance to cover their costs, there's absolutely nothing you can do about it.  You simply cannot force them to invoke whatever coverage they may have.
Of course I realize that, and I never said anything to the contrary.

Glitch99 said:   "Making him whole" is him having a vehicle in the same condition as before the accident.  If OP wants cash instead of the repairs, that would be "settling the claim" in lieu of being made whole.
Semantics.

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251rc said:   But yes, it appears that they are willing to pay contingent on it being fixed at the shop based on the estimate. 
You're under no obligation to get it fixed at the shop that prepared the estimate, or to get it fixed at all. You suffered damages, you sent them the estimate to fix the damages, now they have to pay YOU. You will have to sign a release of liability that they won't have to cover any hidden damage, but after that, it's none of their concern what you do with the car.

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atikovi said:   
251rc said:   But yes, it appears that they are willing to pay contingent on it being fixed at the shop based on the estimate. 
You're under no obligation to get it fixed at the shop that prepared the estimate, or to get it fixed at all. You suffered damages, you sent them the estimate to fix the damages, now they have to pay YOU. You will have to sign a release of liability that they won't have to cover any hidden damage, but after that, it's none of their concern what you do with the car.

  Here's the kicker you really won't like, then - if the actual repair ends up costing less than the estimate, and for some ungodly reason you tell them, they'll expect and be entitled to a refund of the extra they paid.

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rufflesinc said:   
DTASFAB said:   
 
If you're agreeing to accept a reimbursement payment outside the insurance claims process, you can demand anything you want.  If they don't comply, you can deal directly with their insurance company.  If they refuse to provide you with their insurance information, file a police reportand ask your own insurance for help.

  I dont think this applies as it happened in a parking lot and not on a public road. There's no traffic accident implicating insurance, only damage to private property. You can of course file a police report but it will be simply damage to your car and not a traffic accident.
 

  
You guys are talking past each other. The point isn't to force them to divulge their insurance information, it's to have an official document to submit to OP's own insurance company to bolster their claim. OP's insurance company will subrogate to the company and their insurer.

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Geez - This discussion has gotten way out of hand.  OP just needs to call the company and tell them he is getting the work done somewhere else and would like a check made out to him.  If they balk, he just needs to escalate.  This isn't a matter of insurance; many companies self-insure against events like this and wouldn't involve their insurer unless there were a significant liability claim such as would occur with serious injury or death.  Them cutting a check directly doesn't surprise me at all.  The fact that it was made payable to the repair shop was simply a misunderstanding.
 

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dcwilbur said:   Geez - This discussion has gotten way out of hand.  OP just needs to call the company and tell them he is getting the work done somewhere else and would like a check made out to him.
 

  He tells them that, and they'll tell him to send them the estimate from the new place and they'll send a replacement check made out to the new place.  Everyone seems to be ignoring the fact that OP chose the shop and estimate he submitted, they arent forcing him to use anyone in particular, they're honoring his choice. 

If he wants a cash settlement, he needs to tell them he doesnt want to get the car repaired right now and request a cash settlement instead. 

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Glitch99 said:   
251rc said:   My parked car was hit by a company vehicle and a note was left on my car.  I contacted the company, who asked me to get an estimate and send it to them.  I had estimates done at a handful of places (which came to similar amounts) and sent them one of the estimates.  The company said they would get back to me... I contacted them for a status update and they said they just sent a check to my address but made out to the Body Shop that was on the estimate I sent them (I think they are paying out-of-pocket rather than through insurance).  My question is, can I demand that the check be reissued directly to me? I'm not sure what is typical in these kind of situations, but I hadn't actually decided where/when I want to fix my car, and the company didn't confirm with me before sending the check.
  You can demand whatever you want, but there's no obligation to accommodate such demands.  Their liability is to restore your car to pre-accident condition, which is what they're doing.  They have no obligation to hep you cash out a portion of your car's value.

  Actually, their obligation is to compensate you for the harm they've caused you.  If they've lowered the value of your car by $3k, they owe you $3k.  What you choose to do with that $3k is up to you. 

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cestmoi123 said:   
Glitch99 said:   
251rc said:   My parked car was hit by a company vehicle and a note was left on my car.  I contacted the company, who asked me to get an estimate and send it to them.  I had estimates done at a handful of places (which came to similar amounts) and sent them one of the estimates.  The company said they would get back to me... I contacted them for a status update and they said they just sent a check to my address but made out to the Body Shop that was on the estimate I sent them (I think they are paying out-of-pocket rather than through insurance).  My question is, can I demand that the check be reissued directly to me? I'm not sure what is typical in these kind of situations, but I hadn't actually decided where/when I want to fix my car, and the company didn't confirm with me before sending the check.
  You can demand whatever you want, but there's no obligation to accommodate such demands.  Their liability is to restore your car to pre-accident condition, which is what they're doing.  They have no obligation to hep you cash out a portion of your car's value.

  Actually, their obligation is to compensate you for the harm they've caused you.  If they've lowered the value of your car by $3k, they owe you $3k.  What you choose to do with that $3k is up to you. 

  how did it ever come about that most states don't require that for damages to rentals 

rated:
rufflesinc said:   
cestmoi123 said:   
Glitch99 said:   
251rc said:   My parked car was hit by a company vehicle and a note was left on my car.  I contacted the company, who asked me to get an estimate and send it to them.  I had estimates done at a handful of places (which came to similar amounts) and sent them one of the estimates.  The company said they would get back to me... I contacted them for a status update and they said they just sent a check to my address but made out to the Body Shop that was on the estimate I sent them (I think they are paying out-of-pocket rather than through insurance).  My question is, can I demand that the check be reissued directly to me? I'm not sure what is typical in these kind of situations, but I hadn't actually decided where/when I want to fix my car, and the company didn't confirm with me before sending the check.
  You can demand whatever you want, but there's no obligation to accommodate such demands.  Their liability is to restore your car to pre-accident condition, which is what they're doing.  They have no obligation to hep you cash out a portion of your car's value.

  Actually, their obligation is to compensate you for the harm they've caused you.  If they've lowered the value of your car by $3k, they owe you $3k.  What you choose to do with that $3k is up to you. 

  how did it ever come about that most states don't require that for damages to rentals 

  
Not sure I follow you.  Rental cars?

Skipping 47 Messages...
rated:
They are doing the best anyone could possibly do. Is your goal is to pocket some money?

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