Can payment for damages be made to me?

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PostPosted: Tue Dec 21, 2010 10:18 am   Post subject: Can payment for damages be made to me?  

I was wondering if my insurance co. can make the check for my damages directly to me? There is no lien on the vehicle. I would rather get it fixed at a later date, possibly just sell the vehicle as is

allthewaybutonion
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PostPosted: Tue Dec 21, 2010 2:17 pm   Post subject:   

Yes, if you don't have a lien on the vehicle the money is yours to do what you want with it.

tcope
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PostPosted: Tue Dec 21, 2010 2:44 pm   Post subject: Help?  

Then why is my ins. Co.(Farm Bureau in Mich.) Trying to tell me that they will deduct 40% of the labor if the check is made out to me?

allthewaybutonion
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PostPosted: Tue Dec 21, 2010 2:44 pm   Post subject: Help?  

Then why is my ins. Co.(Farm Bureau in Mich.) Trying to tell me that they will deduct 40% of the labor if the check is made out to me?

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PostPosted: Tue Dec 21, 2010 5:52 pm   Post subject:   

(Easier for me to post like this from my phone rather to log in as tcope)



I'm thinking the adjuster might have too much crack that morning? Here is my question... who else are they thinking about putting on the check? The repair company? Ask them where in the policy it states they will also pay anyone else but "you". That is , the policy spells out who will be paid. Also ask where in the policy it states that they can psy less if they pay you direct. Note... I'm going to guess that at some point you mentioned doing the work yourself and this is why they thought they could discount the repair cost. They cant... again, ask them to point out this in the policy.


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PostPosted: Tue Dec 21, 2010 7:17 pm   Post subject:   

I agree with Tcope,



The language on the policy most likely says something to the effect that they will pay an amount they determine to be the loss based on prevailing competitive rates in your area. How could they pay you anything less? If the loss is based on a lesser amount than the contract language states, they are not paying in full all they owe you under their limits of liability on their policy with you.



Insurers use to pay an appearance allowance for scratched parts, slightly damaged parts, but there is no provision for such partial payments for losses. If they were paying for partial payments on losses, in effect they would be paying you for the loss in value on the damaged part due to the minor damage. This would be in conflict with the language in the policy that states they do not owe for any loss in value under the collision limits.



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