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Auto Insurance Fraud?

we got a check from the insurance company for the amount that their repair shop has quoted us. my husband works as a car salesman and we decided to use the dealership's repair shop instead cuz its cheaper. the check is payable to my husband's name and the name of the dealership. now the dealership is saying that it is a fraud to give us the difference from the amount and that they have to call the insurance company to make them change the amount on the check.

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Attorney answers (1)

Reputation Level 8
The answer to that question might vary from state to state. In general, you paid a premium to shift a risk. The insurance company accepted the risk and [apd the value it determined was consistent with its obligation under its contract with you, End of tansaction. You did not make a knowing misrepresentation of material fact. There was no intent to induce reliance nor was there detrimental reliance and they were not harmed as they performed the inspection themselves. Unless the Texas Code addresses this in some manner more restrictive than those criteria imposed by general tort principles, there is no farud there.

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