Do I have to use car insurance money to get my car fixed? 1 Answers as of June 08, 2011

I was sideswiped on the driver's side of car. The other driver was placed at fault and given a citation. The problem is it seems my insurance company is trying to force me to get the car fixed when I would prefer to take the money that was estimated for the damages and use it as I please. Is it not my right to do that since I was not at fault?

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David F. Stoddard
David F. Stoddard | David F. Stoddard
With you insurance company, I would have to read the policy. In most cases I would think you could use the money as you see fit. However, the language of the policy might give your insurer the right to have the car fixed. The other driver should be liable and his/her insurance should have to pay, and you should be allowed to use that money as you see fit because you are not the insured and any limitations in the policy would not apply to you. You are entitled to you damages period, and can use the money as you see fit.
Answer Applies to: South Carolina
Replied: 6/8/2011
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