car accident that wasn't your fault? Did the other drivers insurance cut you a personal check or pay the shop

Question

I let my sister borrow my car and she was hit by a cab. At first the driver wanted to keep it from his work and insurance but then after getting the estimates he decided he has to tell the insurance. So... me needing money would counter offer him a less sum for cash if his insurance wouldn't pay me directly. I live in California. Thanks so much to all.

Answer 1

I've had them cut checks to me in my name only, to me and the bank, and to me and the body shop.

If you still owe money on it, they may make it out to you and the lienholder to make sure it gets paid off if a total. If they make it out to you and your bank, you can use the money to pay off the loan, and the bank will give you back the difference.

If it's paid off, they will usually make it out to you, or ask if you would like it made out to you with a body shops name on it so you both have to sign it before it can be cashed.

When they give you a final settlement offer, just ask them to make it out to you.

Answer 2

You are a nice guy but in the future don't cut any one a deal for their poor driving. The body shop isn't going to give you a deal. I would force the man to come up with his insurance, and further more so would your insurance company. If the guy has no insurance then have your insurance company fix it under uninsured motorist and then they can chase the guy for the money. This is exactly why we put insurance on our cars. Depending on whether you own the car out right or or do you have full insurance on the car. there are a few variables as to how they pay for it. Often they will look at you vehicle and then when it goes into the repair shop they find more and they will cal the insurance company and they will get a check directly form them. If you try to take cash fo the damage to your car and owe money on the car, this could be construed as fraud and you might go to the pokey for a while