Legal Question in Insurance Law in California

Insurance company doesn't want to pay.
A woman hit my car while it was parked, causing approx. $4,000 in damages according to 3 estimates that I got. The estimates also say it will take 10 days to fix.

However, her insurance company, Allstate, looked at the damage to my car and assessed it at only $686. They then issued me a check for only $686. I never cashed the check, because my damages are $4,000 according to 3 estimates, not $686. I also never signed any release or settlement either.

When I showed them the $4,000 estimates, they said that I should take it in and they will negotiate the repairs with the body shop I take it to.

However, I don't want to fix the car, its still driveable despite the body damage. I just want the $4,000 damages in cash. I could use the money for other things than fixing the car since the car still drives fine, it just looks bad.

The insurance company told me that if I'm not going to fix the car, then the $686 is all I'm going to get. The insurance company also told me that if I'm not fixing the car, they're not paying me for loss of use for the 10 days it would take to repair the damages according to the estimates either.

Do I have to fix the car or can I get cash compensation? Am I allowed loss of use without fixing?

Asked on 12/03/08, 12:28 pm

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Re: Insurance company doesn't want to pay.

Sue the woman who hit you in small claims court.

Answered on 12/03/08, 4:24 pm

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