QUESTION
Should I give the check that I received from State Farm to the collision shop if I already paid my deductibles and have the car back in my possession?
Asked on Oct 16th, 2013 on Automobile Accidents - California
More details to this question:
I have a leased vehicle that was involved with a theft (tires/rims), I had the work done at a State Farm recommended collision shop, the work was completed, I paid my $200 deductible, and left with my car. State Farm made 2 payments to the shop electronically, I then received a check in the mail from State Farm for the remaining estimated cost of repairs made out to myself. About a month went by and now the collision shop is calling to collect on the remaining balance of the work performed. The shop was only paid about $600 of the $4800 estimate, and the check I received makes up the difference. My question is what is the legal recourse to give them the check I received when I already paid my deductible and have my car back in my possession?
6 ANSWERS
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
at
Law Offices of John W. Merting, P.A.
Update Your Profile
They did the work and you got the insurance company check for this work that should have gone to shop Pay the shop ! The fact that they let you have your car before they were paid helped you out. Most shops won't release the car until they are paid in full. Because the shop helped you out doesn't give you the right to screw them out of the money for their work.
Answered on Oct 17th, 2013 at 1:21 PM
Thomas Edward Gates
Under the terms of your insurance, you do not personally gain from the accident. You were required to pay your deductible and, you were to get a repaired car. No money. So, the money you received belongs to the repair shop, not you.
Answered on Oct 17th, 2013 at 10:59 AM
Ronald A. Steinberg
The money is not yours. If you do not give it to the shop, then either the shop or State Farm can sue you. They will do that.
Answered on Oct 17th, 2013 at 9:34 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Pay for what you received. Are you serious in asking if you can keep someone else money? You must be an Obama person.
Answered on Oct 17th, 2013 at 8:43 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
The legal recourse for them would be to sue you for the balance if you do not pay it. They may have difficulty collecting if you refuse to pay, but you do legally owe them the balance for the work they did.
Answered on Oct 17th, 2013 at 8:38 AM
Give the check to the repair shop. State Farm could have sent it to you or the repair shop on your behave. Since it sent it to you for the purpose of covering the remainder of the shop work, you now owe that billing to the shop. That you have the car back does not change anything; if you did not have the car back they would hold it for payment. They were being nice releasing it to you.
Answered on Oct 17th, 2013 at 1:17 AM