Expert: Richard Hixenbaugh - 12/30/2009

Question
My car was hit by another driver who admitted fault.  Her insurance co. agreed to pay for repairs and told me to take my car to car dealer and get estimate on repairs and they would pay dealer for repairs as well as rental car while being repaired.  Night before I was scheduled to bring car to dealer to be repaired, my damaged car was stolen out of my driveway.  My car has not been located so my insurance is ready to settle the stolen vehicle claim with me ($1,000 deductible). What happens with the initial accident claim for repairs?   I owned the car that was stolen so I was thinking I could just get a check for the amount of repairs (since I am out the $1000 deductible) but when I called adjuster who approved repairs previously, he said in order to send a check instead of paying dealership, they must personally see damage on car and do estimate.  Of course this can't be done as car is not to be found.  Should I tell adjuster car was stolen?  Pls suggest next step or advice.    Any way I can get the cash or does insurance co. just not have to pay?  Thank you!

Answer
Hi Linda,

You are not entitled to collect more than 100% of the value of your car. If your insurance company does not deduct the cost of the needed repairs from the value of your car, then you are not entitled to collect for the damage repairs. If your insurance company does deduct from your settlement the cost of the needed repairs, then you are entitled to be paid for the repairs. If the body shop that did the estimate took pictures, you should get them to submit those pictures to the insurance company as proof of the damage.

I hope this helps
Richard Hixenbaugh