Not at Fault Accident w/ Lienholder

by Guest » Tue Aug 10, 2010 06:13 pm
Guest

I have three questions with regards to a recent accident that I was involved in. I was rear ended and the other person is at fault. The accident damaged my trunk, bumper, tail lamp, and an OEM spoiler that I had purchased shortly after buying my car. Before I go further I should also note that my car is not fully paid off and I have a lien holder.

My first question is in regards to the spoiler. Because I have purchased this out of pocket and is not included in the loan amount, should my insurance company bill a separate check to me the cost of replacement rather than it likely ending up in the hands of the lien holder?

My second question is in regards to how much say I have in how the car is repaired. From what I have read and my claims assistant has informed me, the check will go to myself and the lien holder. After this, the lien holder will sign off on the check and I can have my repairs made at the body shop of my choosing. Is it possible for me to opt to have other parts installed on the car other than those specified in the estimate? For example, I would like to replace the broken tail lamps on my vehicle with OEM ones of another model year for my vehicle. Maybe even install an after market trunk rather than an OEM one. Assuming this all meets the allocated "budget" my insurance company's claims adjuster came up with, is this feasible and more importantly, legal.

My third question relates to the second one, slightly. The claims adjuster from my insurance company quoted a large figure and if it costs less to perform said repairs can I apply the excess monies to performing other repairs, such as repainting a scuffed front bumper that is entirely unrelated to the accident?

The repairs technically will be made on the vehicle and the car isn't losing any more value so I see no harm but wanted to get some outside opinions from those who are more in the know.

Total Comments: 1

Posted: Wed Aug 11, 2010 12:19 am Post Subject:

Because I have purchased this out of pocket and is not included in the loan amount, should my insurance company bill a separate check to me the cost of replacement rather than it likely ending up in the hands of the lien holder?

I'd say so but I can see a valid argument for the other side. The spoiler is not a part of the vehicle. Really depends on the adjuster and perhaps how convincing you are.

My second question is in regards to how much say I have in how the car is repaired.

Is the vehicle a total loss or not? That info would negate about 1/2 of your questions.

After this, the lien holder will sign off on the check and I can have my repairs made at the body shop of my choosing.

Usually LHs want some type of confirmation that the vehicle has already been repaired before endorsing the check.
[quote]I'd certainly speak to your LH before having this done as to confirm that repairs were made they may want a copy of the shops work order.

if it costs less to perform said repairs can I apply the excess monies to performing other repairs, such as repainting a scuffed front bumper that is entirely unrelated to the accident?

As long as all of the other repairs are done, yes.

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