I recieved a check from the insurance company for an accident. i sent it to the lein holder to sign, then they

Question

sent it back. on the back of the check it says make payable to the body shop i was taking my vehicle. The estimate was 1300..but the adjuster from the insurance company said it would be 2300 because he was going high. my question is..who gets the difference? me, the shop, or the lein holder. since its made out to the body shop, do i get the difference

Answer 1

The body shop gets the check, so you have to make that you make it clear that anything left over is your money.

Answer 2

You should get the difference.  The body shop should sign the check, you deposit it, and pay them.

Answer 3

You need to read your insurance policy.

If they have a legal duty to compensate you for damages then they have to pay you the full amount of the 2300 as estimated by their adjuster.

If they have a legal duty to repair your car, they only have to pay the shop not yours.

Based on the facts that the check was payable to the shop I would assume the latter ist he case and the shop gets the difference.

Answer 4

I suspect the body shop will suddenly raise their price for things that were not in the original estimate to meet the amount on the check.

However you are entitled to keep the difference on the check.

What I would do is take the car in to be fixed, don't give them or tell them the check amount, after the work is done they will give you an invoice and ring up the sale then present the check, they may make change for you there.  If they give you a problem, then you need to "raise h**l". If they still don't do it have them endorse the back of the check, take it to your bank, cash it and pay the body shop cash.  And in the future, remember always have the check made out to you!!!!!

But, yes, you keep the difference.