Should I take the check of the other persons insurance and fix my car or go thru there body shop and get it fixed?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Should I take the check of the other persons insurance and fix my car or go thru there body shop and get it fixed?

I was in a car accident about a wk ago.
I was rear-end I had two passengers
with me at the time one a minor who was
in the back and got most of the impact.
The back left side of the vehicle is
smashed the bumper very loose and the
trunk door is lifted and it won’t
close.I’m not injured just a little
sore but my sisterthe minor and
cousin have pain one on there lower
back the other on the side neck.the
persons insurance accepted fault.I want
to what I should do.New Link Destination
get my car fixed
thru them or take the check and get it
fixed on my own. I have been without a
car since the accident because where I
work to get in there are speed bumps
and I’m scared that the bumper will
come off or any more damage happens to
the car. Also I want to know what I am
entitled too and should I get a
attorney? Thank you to all who respond
I really appreciate it.i have no idea
what to do.

Asked on August 30, 2016 under Accident Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The at-fault party's insurance company usually won't give you the check to have your car repaired. The check will be issued directly to the repair shop that fixes your car. You can select the repair shop.
Attorneys usually won't handle the property damage aspect of the case because the attorney's fee would be paid out of the cost of repairs which wouldn't leave enough to have the car fixed.
The attorney will handle the personal injury side of the case.  You and each of the occupants of your car have separate personal injury claims.
Compensation for personal injury  would include the medical bills, pain and suffering which is an amount in addition to the medical bills and wage loss. 
Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is determined by the medical report which documents the nature and extent of the injury. Compensation for wage loss is straight reimbursement. 
The personal injury case cannot be settled until the client completes his/her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in treatment where no further improvement is anticipated.  All medical bills, medical reports and total wage loss need to be obtained before any possible settlement of the personal injury case in order to have all of the relevant information.  If the case is not settled, a lawsuit for negligence is filed against the at-fault party.  Most of these cases settle without filing a lawsuit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption