Legal Question in Insurance Law in Pennsylvania

good morning.

I live in Pennsylvania.

I financed the purchase of a used truck.

Another driver hit me.

I filed a claim & obtained an estimate from an auto body shop

The claim was settled and a check for the repairs was issued.

The check was a two party check issued to myself AND the auto body shop.

I don't want to use this auto body shop for the repairs because of surprisingly rude treatment I received when scheduling an appointment, To date the check remains uncashed.

I've also since paid my truck off.

My questions are:

Am I obligated to use the auto body shop shown on the check because they are the ones who provided estimate that I submitted to insurance co.

Can my insurance company issue a new check to my only?

thanks in advance

Asked on 7/24/11, 8:13 am

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

I believe that the insurance company can and should issue a new check. The insurance company initially had to protect itself because their was a lien on the car from the finance company. Now, if you show them proof that the lien had been paid off, they should be willing to pay the check directly to you. Also, you have the right to choose any body shop you want and depending on the pollcy language, you might not have to use the money for repairs at all. Speak to your insurance company and agent about this and they should be cooperative.

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Answered on 7/24/11, 3:10 pm

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