Can I Get a Check Instead of Repairing My Car After a Texas Accident?
es, in most cases, you can request a cash settlement from the insurance company instead of having your car repaired at a shop. However, there are important factors to consider before choosing this option.
1. Insurance Companies Prefer Repairs
Insurance companies often prefer to pay repair shops directly rather than giving you a check. This ensures the vehicle is repaired to their standards and protects them from liability if the car is not fixed correctly.
2. Factors That Affect Your Ability to Get a Check
Total loss: If your car is declared a total loss, the insurer will usually issue a check for the actual cash value (ACV) of your vehicle, minus any deductible.
Minor damage: For smaller repairs, some insurers may allow a check, but they might require a written agreement or proof that you intend to repair the car.
Ownership and liens: If your car is financed, the lender may need to approve the cash payout or receive the funds directly to pay off the loan.
3. Pros and Cons of Taking a Check
Pros:
Flexibility to choose your own repair shop or not repair the car at all
Can cover additional costs not included in repair estimates
Cons:
Insurance payout may be less than repair costs if estimates are low
If you keep the car without repairs, it may affect resale value
Can potentially complicate claims if additional damage is later discovered
4. How a Personal Injury or Property Damage Attorney Can Help
If your accident involves disputes over fault or repair costs, an experienced Texas attorney can negotiate with the insurance company to ensure your cash settlement is fair. They can also help if you need additional compensation for injuries while handling the property damage claim.
Ultimately, whether you take a check or have your car repaired, it’s important to understand your rights under Texas law and your insurance policy to make the best decision for your situation.
