Originally Posted By: eljefino
A few years back wife got a minor rear ender... torn bumper cover mostly. The "hitter" offered through his insurance to pay for the damage, or to somehow reimburse his insurance company for the payout.
Does this save him an accident on his "record"? He's a really lousy driver-- she sees him once a month (vanity plate) with a cell phone jammed in his ear and dents on his various cars-- and probably saving his insurance for "the (next) big payout."
Is is at all fraudulent to get an estimate from a body shop, submit it, get a check, endorse/deposit it, and then drive around with an unfixed car? Do you have to use an offline/non-preferred body shop to get this estimate... as insurance has direct pay/ check-free arrangements with the big shops? Is there any directory of these shops?
First question--If that claim was turned it to an insurance company, he will have an at fault accident on his CLUE record. I have seen CLUE records show an at fault situation when a claim was reported, but the person paid directly to the claimant thinking that it would not show up. Basically, if you notify an insurance company of an incident, it will show up on somebody's CLUE at an at fault incident. Second: The only time 'fraud' would enter into it, is if you have a lien holder/loss payee on the vehicle. In that case, the payment should go to the loss payee (read: bank/credit union) and then they would relase the funds to the loss payee--that's why they're called a loss payee. They want to protect their collateral and make sure the car gets fixed so it's value is kept up. Fraud could be claimed if you told the other insurance company you had no loss payee and had them send you the $$ directly or if you signed a check on bahalf of the loss payee. If there is no loss payee, you can get $$ from the other person's ins co and you don't necessarily have to fix the car. You do have a choice. The only issue would be if the car was unsafe to operate and then you would have law enforcement or DMV issues to deal with. Also, if you don't fix the car and you have an accident later, it could be shown that your car was unsafe and you could end up being found at fault because the condition of the car. An example could be a broken light, cracked windshield, damaged suspension etc. Lastly, more and more ins companies are using preferred shops. There is no public 'list' per se, but the ins co could give you the info you asked for it most likely. If you are persistent enough, you can get you car fixed at your preferred shop, but sometimes you have to put up a stink. Again, you don't necessarily have to fix your car if the damage is minor and you would rather have $$ instead of a dented body panel. The claim payment to you basically 'indemmifies' you, or in other words, you are restored to your prior financial condition. What you choose to do with payment is your choce (for vehicles that have no lien holder/loss payee).