Expert: Bennie719 - 11/9/2007

Question
21st Century Insurance in CA sent me take my car to their repair shop--which gave me their estimate to fix my car. They estimated it would cost $1800. I want them to mail me a check and let me decide when/where/how I want to repair my car. They are telling me that the only way I can go, if I don't want to use their repair shop, is that my chosen repair shop has to bill them directly, and they'll pay my repair shop at that point. Do I have a right to collect the estimated repair amount, have the money in hand, and then choose when/where/how I want my car fixed? Can the insurance company refuse to send me a check for the estimated repair amount that they themselves gave me?

Answer
Hi Melie,
I am assuming that 21st Century is your own insurance company.
Under the legal wording of every auto insurance policy sold in California is the statement that the legal responsibility of your own insurance company is to repair your car back to it's original condition.
Once the car is repaired and you are told to it's ready to be picked up, you need to fully inspect the car before taking delivery and if there are still flaws in the repair work, you have the right to reject delivery until the car is properly repaired.  If it is not properly repaired and your insurance refuses to make more repairs, then the California Department of Insurance will assist you in resolving that problem.
If you own the car free and clear, and there is no loan, you MIGHT be able to convince them to make a cash settlement
for your damages (although they are not legally required to do so).
Assuming that you can get a cash settlement, they would automatically remove Comprehensive and Collision until your car has been repaired and brought back to them for an inspection to verify that the repairs met their quality requirements.  If not, they would not add Comprehensive and Collision back to the policy until it passed their inspection.
They will not leave full coverage on a vehicle that is driving around with $1,800 damages.
If you have a loan on the car, one of the lenders requirements was that you secure Comprehensive and Collision coverage and your insurance provide them proof of such coverage.  They can't even consider cash settling and removing full coverage because that would violate the the agreement of providing proof of coverage to your lender.
I trust this has been of help.
Your feedback to my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 11-09-07 10:26 AM PST