I was in a fender bender in CA with minor damage that was deamed to be the other persons fault, am I required to get my car fixed

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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: Apr 2, 2012

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Insurance Question from Del Monte Park, CA

Asked on 04/02/2012

I was in a fender bender in CA with minor damage that was deamed to be the other persons fault, am I required to get my car fixed I am receiving a small settlement for a fender bender, am I required to get my car fixed with the setlle check my or is that mine do what I please.

Answer given on April 03, 2012

If you were in an accident that was not your fault and the other person’s insurance will be paying for the repairs, you may have the option of having the check payable to you instead of fixing the car. However, the insurance company may refuse to make the check payable to you and may require that the check be made out to the repair facility.If you do this, and do not repair the car, any future damage will be settled based on the condition of the car. If you have collision insurance on the car and your insurance policy is called upon to pay for future damage, the adjuster will be very diligent in not paying for the previous damages. It complicates the settlement and you may not have enough money to fix the car.It is always best to repair a car when damaged. It makes future claims much easier for all parties and, obviously, makes your car more valuable rather than driving around in a wrecked car.

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