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How do you get a cash settlement from your insurance company after an accident

San Francisco, CA |

I was in an accident were I got rear ended. The insurance company already decided that the other driver was at fault. The insurance would pay the costs to repair my car and the costs of a rental car while my car was being fixed. My car is old and worthless, they would only fix the paint job which got damaged a little. Getting my car fixed would mean nothing to me. How can I get the insurance company to pay me in cash for the damage to my car instead of paying to fix my car?

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Attorney answers 4


The insurance company is responsible for paying you the money - they have no right to insist that you use it to repair the car.


When it comes to property damage, you are entiltled to the lesser of the cost of repair or the cost of replaement. It is up to you whether or not you actually choose to have the car repaired or if you pocket the money and forego the repairs.


California law is that you have a right to your own, independent estimate of repair. You should take it to an independent body shop, get a written estimate, and submit this to the insurance company and demand that they cut you a check!


You can easily cash out on the estimated amount of the repair to your car. If you have collision coverage, just get an estimate-from a good reputable shop, and present that to your own carrier and ask to cash out. this should not be a problem and will put the money in your pocket quickly. Good luck, Claude

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