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Marsha411JD
Marsha411JD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 19778
Experience:  Licensed Attorney with 29 yrs exp with Consumer Law issues
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I may have the wrong law category, but I have a question about

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I may have the wrong law category, but I have a question about car insurance. I was recently in a hit and run. I got a police report, pictures of the damage, and a repair quote. My car insurance company took this information and gave me a check for $1500, which was the difference between the repair quote ($2000) and my collision deductible ($500). I decided not to repair the car and instead sold the car as part of a trade in while purchasing a new car. The car insurance company is now asking me for pictures of the repaired car. Am I going to have to repay the money I was given because I didn't get the car repaired? Is there any type of legal action the car insurance company can take against me for not repairing the car and instead taking the insurance money and selling the car? Note that I fully owned the car.
Hello,

Thank you for the information and your question. Unless your vehicle had a lien on it from a lender, then you were under no duty to have the vehicle repaired, so I am not quite sure why they are asking for a photo of the repaired vehicle unless it is because they are trying to get your deductible back from the responsible party. So, unless you had some odd insurance rider where you were paid more for actually getting it repaired than if they just paid you for the estimate (minus your deductible), which I have never in 27 years seen, you did not have to get the car repaired in order to lawfully collect for the damages.

Please let me know if you have any follow up questions. I would be glad to assist you further if I can.
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