the other person’s insurance company sent me a check for the estimated damages. the repair was more than the estimate so the suto body shop called the insurance company they are now sending me a check for more than the original damages. What should I do?

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the other person’s insurance company sent me a check for the estimated damages. the repair was more than the estimate so the suto body shop called the insurance company they are now sending me a check for more than the original damages. What should I do?

A bicyclist ran into the back of my parked car. He turned the claim into his insurance. I turned in 2 estimates for repair. The agent sent me a check for the more expensive repair estimate. I took my car for repairs. The actual cost was $400 more than the estimate. I was told when I picked up my car that they had called the insurance company and I was being sent a check for the entire amount of the repair and not just the difference.

Asked on July 19, 2018 under Accident Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are being overpaid compared to the damages, they could recover the money from you if the want to--but if they let you keep it, it's yours. Cash the check and hold onto the surplus--keep it available to return if the insurer asks for it. If the insurer never asks for it back, it is yours.


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