Other Person at Fault and Admitted that to Insurance; Questions Regarding Claims Process

[olawdylawdy]

Some guy hit my car while it was parked. The car is a 1987 BMW 325, my first car. In fair shape. Anyway, the guy left a note with his name/number and has filed a claim with him admitting fault for the accident with his insurance agency. Apparently he has some great insurance. I sure am glad, because I don't have collision coverage.

Anyway, an appraiser came to look at my car and the issues with it today. He's forwarding his information back to the insurance company. From what he tells me, the next thing that happens is I bring my car to a repair shop, they do the work, and the insurance company pays the shop directly.

First question - the insurance company is legally obligated to pay for a rental car for me while mine's in the shop as well. Is this correct? Are they also responsible for the cost to refill the gas tank of the rental?

My other question is about renumeration. The appraiser told me that the insurance company will pay the shop directly. Is this how it has to happen? Can I legally ask for the amount appraised by the estimate in the form of a check instead, or is this up to the insurance company? Last time I had a wreck where someone else was at fault (18 years ago, mind you), I was just mailed a check. My car is still safely driveable and has not lost any functionality (mostly cosmetic damage), so I'm wondering about just having a check sent to me instead. Do I have the right to ask for a check instead of the direct payment to the car shop?

 

[djs]

They will pay for a rental car while yours is in the shop.
You will be responsible for the gas you use, same as if you were driving your own car.

You have the right to ask for a check. There are rules around this so its hard to say from what you wrote if they will do it or not, but normally, if you own the car and don't have any liens or financing on the car, you can get a check, but, its for the ACV value of the repairs (think used parts), not always what the repair facility gets. They also will not reimburse the rental car since there isn't a rental car in this case.

Dan

 

[olawdylawdy]

Well, there are no leins against the car and I own it outright. It is interesting that they would use the value of used parts and not oem (would include a rubber front bumper) especially since it's an older BMW, but that's alright. What I may do is ask how much the check would be fore and then decide whether to repair through a shop and have them directly pay or just have a check cut... especially since none of the repairs are entirely necessary.

Thanks for clarifying this, I will see what puts me on top with this the most and go that route.

 

[abuck10]

I would imagine most agencies would want you to put the car in the shop. However, these sort of things are generally decided on a case by case basis. Talk to the insurance agency. They're run by people after all.