If someone hits your car, does their insurance company have to give you the check?
Someone hit my car and her insurance is paying for it. The problem is, the insurance wants to send the check directly to the auto body place where i got my estimate.
Any other time someone else has damaged my car, their insurance sends the check directly to ME, for me to do what i want with the money and get it fixed where I want to.
I am having problems getting her insurance to send me the check, and I dont want the work done where they want to send the check: I only went there for an estimate.
What is the law on this? I have always had insurance just mail the money to me directly. What law can I use for this? I am in Wisconsin.
People are giving you RIDICULOUSLY bad answers here; don't get a lawyer and don't call the BBB. It sounds like you just have a miscommunication.
Pick up the phone and call the adjuster. Say, "Mr/Ms Adjuster, I do not want to have my vehicle fixed at Shop X, and I haven't decided yet what I want to do about my repairs; please advise what I need to do to get you to just issue me the check directly."
Period.
Since you're dealing with the other insurance company, not your own, that's all you have to do. Only your OWN INSURANCE COMPANY has to protect the leinholder. You have no contract with the other person's insurance company.
Now, they MAY have you meet with an adjuster to get another estimate done -- it sounds like they'd been under the impression you wanted to use this shop and they had a previous relationship with them or a Direct Repair contract. If that's the case, they'll do a more shop-neutral estimate through an adjuster and cut the check off of that.
They will not pre-pay rental, however. When/if you go to get the car fixed, you'll have to call them back regarding rental procedures.
No big deal and no need to make this any harder that it already is.
