Got a check from the at fault partys insurance...cashed it

by runningkid55 » Mon Oct 13, 2008 03:09 pm

Someone with a bad insurance company hit my car and I was originally going to go through that company to get the repairs done on my car. They sent out and adjuster and cut me a check for $3500. I cashed it and then found out they were only going to put used parts on my car.
I decided to go through my insurance at that point. (My insurance said the damages were $9700.) I got a rental through the 'at-fault-party's' insurance and they called me to let me know that they are not going to pay for my rental anymore. So I owe the rental company for the last three days.
I had planned on not touching the $3500 because I was pretty sure someone would come looking for that money. Can I take part of the $3500 and pay the $250 for my deductible and a couple of days of rental car? When someone comes looking for the $3500, are they going to want the $250 deductible and the car rental amount as well?
I don't think it's fair that anything should come out of my pocket since it wasn't my fault. I am keeping this money set aside and I did let my insurance company know that I had that money.
Any help would be greatly appreciated!

Total Comments: 12

Posted: Tue Oct 14, 2008 08:54 pm Post Subject:

Consult and use attorney, on whether you can use this money to settle those claims.

You don't need an attorney I'll tell for free...NO YOU CANNOT!

As long as you use your insurer's payment for repairs of the vehicle, you are not violating any double dipping and are not impeding their rights of subrogation since they would not collect for loss of value or loss of use unless your policy provided for them.

wrong again...

This method of multiple source recovery has been successful when properly executed by an attorney.

'mulitple source recovery'? where on earth did you come up with that?

What she gonna get is in trouble, and be required to pay it back...I'm not saying they don't owe her rental maybe even dimished value, but this is NOT the way to get it...

Shouldn't the poster have left his adjuster handle this from the very beginning?

Oh yeah.

Posted: Tue Oct 14, 2008 10:47 pm Post Subject:

I think that would have been the wisest idea. I would say that is one of the reasons you have insurance.

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