Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 3, 2012

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Insurance Question from Tulsa, OK

Asked on 02/03/2012

Paying for repairs after an accident We were rear ended and when we took our car to get it fixed the company that fixed it told us the insurance will pay the company that fixed it. A few months later we got an insurance check just assuming it was the balance left over from what they paid the repair place. 6 months later we have the repair pace calling to say we owe them money. Is there some kind of limitations (time wise) they can come back on us?

Answer given on February 05, 2012

Most insurance companies will issue a claim check to the insured, the repair facility if it has been decided where the car will be fixed, or to both. When you received the check from the insurance company you should have called them to determine what the amount was for.The insurance company should have discussed the damages to the car with you and given you an estimate of the damages. There would be no reason to pay you any amount other than the amount of damages. The repair facility usually does not release a car before they are paid for the work done. It is surprising that they did release the car to you. In spite of all of this, you are responsible to the repair facility for the cost of the repairs. You were reimbursed by the insurance company and you need to pay the repair shop. The time lapse is minimal and you could be taken to court for failure to make the payment. Even if the time were longer, you should know your responsibility and pay.


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