"Show me the money" is what you might say when an insurer pays to
repair your car after an accident. After all, the insurer owes you
the cash. However, the company might write you a check and tell
you to "share the money." Who receives the claim-payment check
often depends on who caused the accident.
First-party claim payments
If you get into an accident and have collision insurance, your
insurer will pick up the repair bill after you've paid your
deductible. This is known as a first-party claim situation. In
first-party claims, your insurance company has the right to pay
whomever it deems necessary to settle your loss, subject to state
insurance regulations. For instance, if you own your car, your
insurer might issue a check made out to you and the body shop
you've chosen to repair your car. However, some states, such as
Massachusetts, have instituted a "direct payment plan" under which
the amount of the claim will be paid directly to you and you can
then use those funds to pay for work done at the repair shop of
your choice.
Those darn car leases
Car leases and loans can throw an extra wrinkle into the
first-party claims-paying process because your insurer will likely
issue a check made out to you and your leaseholder or lienholder.
That means you have to go to the bank or, even worse, mail your
check to the financial institution for its signature. There's no
telling how long that can hold up the return of your fixed
vehicle, but count on doing some extra legwork.
When a lienholder's name is included on the check, it creates the
burden of having the lienholder examine the vehicle in order to
get the check endorsed. It can take weeks to get the check
endorsed
Third-party claim payments
If someone else smashes into your car and his or her insurance
company is paying for the repairs, you are a third-party claimant.
This is typically less of a hassle than first-party claims because
you have no obligation to that insurance company. The insurer
can't dictate to whom it pays the money because it doesn't have a
policy contract with you. In most third-party claims, insurers pay
the claimant directly.
If your vehicle has been totaled in a third-party claim situation,
the at-fault party's insurance company will likely pay only you.
Of course, if you have a lease or a loan, it's your responsibility
to make sure your creditors get the money you owe them.
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