Asked in Car Accidents for North Carolina

Q: Can I keep the insurance money and not have the repairs down to my car, legally?

I was rear ended and filed a claim with my insurance company because I didn’t have police report yet. I requested the repair shop be paid directly however they issued a check to me. They waived my deductible and are supposed to send me an app so I can receive an electronic transfer in the amount of my deductible prior to my appt to taking the car in to the shop. It has been like pulling teeth with my insurance adjuster not doing what she says she will do and not answering the phone or calling back for days. I’m going to have to reschedule my appt at the shop because I still haven’t receive the deductible payment yet. I’m getting frustrated and wondering if a couple of dents is worth all oft his trouble. If I decide not to get my car repaired, can I keep the insurance check to offset the loss on trade in value this dent will cause. I just purchased this car in march so I’m still paying on it if that makes a difference. I’m in NC.

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: A North Carolina attorney could advise best, but your question remains open for three weeks. Until you're able to have a meaningful consult with a local attorney, insurance companies nationwide are not overly concerned whether or not you straighten out minor dents or paint of a purely cosmetic nature. Sometimes people have tight schedules, they need a vehicle for work, or they can't arrange an appointment to leave a vehicle overnight. If the funds go to an element of the vehicle's roadworthiness, operability, or safety, and such damages are not remedied with the funds, that would create a problem. This is a generality. A local attorney could offer the most definitive guidance. Good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.