Got into accident-> question about auto claim

[mobiblu]

I got into an accident recently. My car was park, and the other driver backed into me. I did the claim through his insurance-State Farm. They did an estimate of the damage and wrote me a check. My question is can I deposit the check, find a cheap body shop to fix for less than what State Farm wrote me for and pocket the difference?

 

[jlee]

Yep.

 

[markgm]

Only if you had your parking brake engaged while you were in park.

Maybe it's the other way around.

 

[VinylxScratches]

Yes you can. That's what happened to my friend. He got a check and deposited it.

 

[tefleming]

Originally posted by: VinylxScratches
Yes you can. That's what happened to my friend. He got a check and deposited it.

I had that happen and didn't even have it repaired. I used the money to make a kegerator.

 

[jemcam]

Yes, you can, but you can't bitch to them or anybody if you're unhappy with the finished work. You can even opt to not do the work at all and keep it all if you'd like.

Legally, SF has completed their legal obligation when they write an itemized estimate and pay you. You have no recourse unless there is something left off the estimate or there is hidden damages, for instance a headlight tab is broken off that didn't become apparent until it was disassembled.

 

[jRaskell]

You aren't even required to get the damage fixed at all, unless it's such that the vehicle isn't road worthy. It's entirely your choice to get the repairs fixed however you wish, or pocket the money and live with the damage.

I had my car broken into years back and the head unit stolen out of it. I originally bought the head unit at a pawnshop for around $100. The Insurance Company valued a comparable new unit at $400, appraised a new center console (since they pretty much tore mine apart getting the radio out) at $900, and replacing the busted window at $700. I went back to the pawnshop and got another $100 radio (probably stolen out of somebody elses car), patched up the center console myself, and got a replacement window from the junkyard for $50 and replaced it myself. Pocketed the rest of the money.

 

[DisgruntledVirus]

Originally posted by: jemcam
Yes, you can, but you can't bitch to them or anybody if you're unhappy with the finished work. You can even opt to not do the work at all and keep it all if you'd like.

Legally, SF has completed their legal obligation when they write an itemized estimate and pay you. You have no recourse unless there is something left off the estimate or there is hidden damages, for instance a headlight tab is broken off that didn't become apparent until it was disassembled.

Correct.

The only other thing I want to add about their legal obligation is that all insurance does is put you financially where you were prior to a loss. That is all they are there to do. It's up to you what you do with that financial compensation for a loss.