Expert: Richard Hixenbaugh - 8/24/2010

Question
My truck was recently hit by a driver while i was not in it.I am currently dealing with their insurance company.I dont want to go with any of the company's i got estimates from. I have a guy that can repair it just fine. Can i demand that they just make the check out to me and i repair it on my own instead of dealing with all the bs. What are my rights since i am not at fault. I live in California too.

Answer
Hi Darrel,

As a 3rd party claimant, you can the check made out to you only. In some states, if there is a lienholder on the vehicle the check must be made payable to either you and the lienholder or you and the body shop that will do the work. You should ask the insurance company to make the check out to you and see what they say. You should also be aware that if the your person doing the repairs finds additional damage during the course of repairs, you may not be able to get the insurance company to pay for it if your car is not at a legitimate body shop.

I hope this helps
Richard Hixenbaugh