[EdmJunky]

So basically the situation I'm in is this, my GF crashed my car, I decided to go through insurance which I did and they gave me a check, however the check was made out to myself and the body shop I was going to use because my car isn't completely paid off yet, so I guess they couldn't write it out directly to me. The issue at hand now is that something else came up and I had to use the money I had for the deductible, which is a grand. So now I'm stuck with the check from the insurance company but unable to do anything because I can't cover the deductible to the shop. My question is, is there anyway I can just deposit or cash the insurance check and use that to buy the parts I need and fix the car on my own account? My hands are tied otherwise.

[kevinbahnz]

shouldn't the deductible have been deducted from the check in the beginning? The amount on the check should be enough to complete the work.

[EdmJunky]

The shops estimate is higher than the insurance companies estimate and the check the insurance gave me was according to their estimate. I would have still had to dish out cash to the shop for the deductible and the difference of whatever was still left to pay (I guess this is called a supplement?) was going to to be worked out between the shop and the insurance adjuster directly.

[squishy]

Hmm, based on my experiences, I just pay the deductable and that's it. Final price has nothing to do with me, but rather between the shop and adjuster.

I'll say yes, you can cash the check, but I have no idea. Just guessing here, but something's telling me you would have no issue in doing so.

[m3ray]

You can't cash a check that isn't made out to you.

[EdmJunky]

Originally Posted by m3ray

You can't cash a check that isn't made out to you.

The check is made out to myself and the shop. My name is on it.

[m3ray]

Originally Posted by samfb24

The check is made out to myself and the shop. My name is on it.

So why can't you go to the bank and cash it?

[EdmJunky]

Originally Posted by m3ray

So why can't you go to the bank and cash it?

Because the check is written to MYSELF AND THE SHOP... not just me. I haven't tried but according to everything I have read and what the insurance company told me i shouldn't be able to do it. I'm hoping I can anyway though.

[m3ray]

Originally Posted by samfb24

Because the check is written to MYSELF AND THE SHOP... not just me. I haven't tried but according to everything I have read and what the insurance company told me i shouldn't be able to do it. I hoping I can anyway though.

I think if you go to your bank (make sure its a branch that knows you) with your ID you should be able to.

[zx10guy]

I'm going to disagree with everyone here and say you can't cash the check. Since the check is made out to you and the body shop. Both of you have to endorse the check. It is this way when checks are made out to two individual people. I have had this experience before and the bank REQUIRES both signatures on the check not just one of them.

[kscarrol]

Originally Posted by zx10guy

I'm going to disagree with everyone here and say you can't cash the check. Since the check is made out to you and the body shop. Both of you have to endorse the check. It is this way when checks are made out to two individual people. I have had this experience before and the bank REQUIRES both signatures on the check not just one of them.

This! The bank will not cash the check without the body shop singing off as well...

[EdmJunky]

I see, what if I find a shop that is willing to sign off the check for me and just have the insurance company issue me a new one with said body shop on it. At this point the problem is I just need to be able to use the dang money :-/

[NemesisX]

Drives a $40,000 luxury car. Can't cover a $1000 insurance deductible. Sounds like a meme.

Sorry I couldn't resist

I hope things work out alright.

[zx10guy]

I won't pretend to be the expert in matters of insurance pay outs. But I think the insurance company is not willing to issue a check to you solely because there is a lien on the car. The insurance company has an obligation to the finance company to ensure the interest the finance company has on your car is protected.

If you were to do what you are proposing, I think it amounts to insurance fraud and I doubt you'll find a legitimate body shop willing to put their name against something like this as there will be severe consequences if the body shop is caught assisting in something like this.

I understand the need to keep insurance costs down by having a high deductible. But now you see what happens when those costs savings comes back around and bites you when you don't have the cash to pay that high deductible. It's interesting the finance company allowed you to have such a high deductible. I finance my cars/bikes through my credit union and they will NOT allow me to have a deductible higher than $500 for precisely this reason. They require paperwork from the insurance company to verify the deductible before they will release the funds.

It's a tough spot to be in. I don't see any choice for you other than putting it on a credit card (ie financing the deductible) or getting your girlfriend to pony up all or part of the money being she was the one that was at fault. Or you can try putting off getting the car repaired until you do have the cash to pay the deductible. Doing the later would be risky as I'm pretty sure the check the insurance company cuts has an expiration which I think is about 60 days. Also, the estimate for the repairs could change if enough time lapses which would cause another world of problems for you. And finally, the insurance company may report the damage/loss to your finance company putting them on notice. If they are put on notice, there may be a set time limit you have to get the car repaired (you'll have to review your finance documents) or there might be consequences.

[kscarrol]

That's right. You don't own the car, the bank or BMW Finance does so the insurance company is making the sure the car is repair to ensure its value. By issuing the check to you AND the repair shop, the insurance company is making sure that you will not take the money, leaving the car un-repaired which is exactly what it sounds like you are hoping to do...

[NemesisX]

Originally Posted by kscarrol

That's right. You don't own the car, the bank or BMW Finance does so the insurance company is making the sure the car is repair to ensure its value. By issuing the check to you AND the repair shop, the insurance company is making sure that you will not take the money, leaving the car un-repaired which is exactly what it sounds like you are hoping to do...

Even if he did own the car, it's still considered fraud if he ends up spending less than the deductible + insurance payout and pockets the rest (or uses it for something else).

You can't just go to a body shop and have them quote you a price of $1500, ask the insurance company to send you a check for $500 (to cover the cost minus deductible), and then spend $400 on spare parts fixing the car yourself while pocketing the remaining $100 (hypothetical example).

[NemesisX]

Put simply there are only three legal options for the OP:

Option 1: Spend less than or equal to $1000 (out of your own pocket) fixing the car with the insurance company paying you $0

Option 2: Spend exactly $1000 (out of your own pocket) fixing the car with the insurance company covering anything above and beyond that amount.

Option 3: Don't fix the car at all. Don't file a claim with insurance.

That's it. There are no other legal options. Anything else is considered fraud.

[kscarrol]

Originally Posted by NemesisX

Even if he did own the car, it's still considered fraud if he ends up spending less than the deductible + insurance payout and pockets the rest (or uses it for something else).

You can't just go to a body shop and have them quote you a price of $1500, ask the insurance company to send you a check for $500 (to cover the cost minus deductible), and then spend $400 on spare parts fixing the car yourself while pocketing the remaining $100 (hypothetical example).

Agreed, but did not go there as OP clearly states that the car is not completely paid off...

[zx10guy]

Originally Posted by NemesisX

Put simply there are only three legal options for the OP:

Option 1: Spend less than or equal to $1000 (out of your own pocket) fixing the car with the insurance company paying you $0

Option 2: Spend exactly $1000 (out of your own pocket) fixing the car with the insurance company covering anything above and beyond that amount.

Option 3: Don't fix the car at all. Don't file a claim with insurance.

That's it. There are no other legal options. Anything else is considered fraud.

I wouldn't say option 3 is even an option. Being the car is financed, the OP has an obligation to get the car fixed while the car is under financing. It wouldn't surprise me if there is a clause in the financing documents which states failure to repair damage to the vehicle while being financed will result in a harsh penalty as severe as the finance company asking for the loan to be paid in full or repossession of the car.

[m3ray]

Just try to cash the check, what do you gotta lose

[NemesisX]

Originally Posted by zx10guy

I wouldn't say option 3 is even an option. Being the car is financed, the OP has an obligation to get the car fixed while the car is under financing. It wouldn't surprise me if there is a clause in the financing documents which states failure to repair damage to the vehicle while being financed will result in a harsh penalty as severe as the finance company asking for the loan to be paid in full or repossession of the car.

Oh yeah that's true. Option 3's only an option if he actually owned the car.

[Rotorocious]

Originally Posted by m3ray

Just try to cash the check, what do you gotta lose

Won't work. I had to have the body shop sign mine also, but they were cool with me and did it so I could order my preferred parts. It's made out to you and the body shop, not OR.

Op, stop messing around. Get your life in order