The insurance agreed to pay for repairs and I am not sure if I wanna repair the car. So I am thinking of just keeping the check. Will probably be paid for repair AND RENTAL fees for the time it would have taken.
General Practice Lawyer
You are not breaking the law unless you are telling a lie to the insurance carrier.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
You are not breaking the law unless your claim is fraudulent. If you receive monies for estimated repairs and rental fees and choose to pocket them that is your prerogative. However, if you decide later that you really do need to make the repairs you cannot ask for more money from the insurance company down the road since you have already been "compensated" for the repair costs.
They may want to send the check directly to the auto body shop.
Personal Injury Lawyer
You have the right to retain the money and not repair the vehicle.
You can keep the check. However you run the risk that if you subsequently want to repair the car and once that process begins they find additional damage you are unlikely to get that paid for - whereas repairing now it all gets taken care of.
Car / Auto Accident Lawyer
Nope! You're not breaking the law because the property damage is real and occurred. Whether you decide to repair the property damage or not is your own choice.
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Personal Injury Lawyer
That is your property damage award. You can decide what you want to do with it. So no you are not breaking the law.
*Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: www.wc-advocateforjustice.com. (Attorney for Law Offices of William E. Weiss)