Cheque made out to who ? Ins payout

[grim]

Hi all,
I was knocked off a few weeks ago by a driver who's insurance company has admitted liabillity. Paul Hewitt did me a qoute for repair/ replacement of frame and other bits to send off. I've just found out my company has finally signed up to the bike to work scheme. I thought it would work out cheaper to use the scheme to replace my bike but if they send me a cheque made out to Paul i'll have to go down that route. Anyone been in this position and how was the money payed out.

thanks, Graham.

[gaz]

I've been in a similar position before but the sum involved was small (I don't remember exactly but probably sub £100 - more for damage to me than the bike) and it was about 20 years ago.

Whilst riding past some roadworks the red and white stripy tape between the cones was blowing in the wind, wrapped itself round my bars and pulled me to the deck. Superficial injuries to me and the bike (a few cuts and grazes, scuffs to bar tape, broken rear light,etc.)

A claim proceded throught the CTC and I had to provide some written estimates from at least two LBS. The claim was finally settled almost two years later. The local authority's insurer paid out, cheque payable to me.

By contrast about ten years ago I claimed on my house insurance for accidental damage to a new carpet (about 2 weeks old). After protracted problems with their prefered installer they agreed to issue a cheque to the firm that had given me the estimate. They would not issue a cheque payable to me.

I can see a difference between paying out to the insured party, where there must be considerable risk of fraudulent claims and paying out to a third party. The insured party has a contract with the insurer and this often means the insurer will choose where repairs are done, etc.

This is purely my uninformed opinion but as no such contract exists between you and the driver's insurer I presume they are oblidged to pay out to you.

[grim]

Thanks for that Gaz. Looks like I'll just have to wait and see. I'm hoping they'll sort my bike sooner rather than later as the solicitor is claiming for mileage as I use it for work and I'm currently commuting in the car.

Graham.

[thirdcrank]

As I understand it, the insurance company only need put you in the position you were in before the loss. If they get wind from you that they can do that cheaper, they will jump at the chance. I suppose a request for a cheque might alert them to that possibility. I don't think there's anything specific that says they only pay suppliers, never the claimant. (I had a motor claim once, my own insurer offerd me a second hand car they had traced which they said was the same value as mine. When I had the temerity to question what they were trying to do, a nasty snarling harpie at the other end of the phone threatened to send me a cheque for bottom book.) I fancy quite a lot of the way payouts are made dates back to the fairly recent days when most of the population did not have a bank account to cash a cheque.

[grim]

I did once have to claim for a stolen mountain bike and the insurance companies preferred supplier rang me to discuss replacement. I told them my bike was an Orange to which they replied we can do you a Specialized. I didn't want that but the same as I had. I then asked the insurance company to send me a cheque made payable to leisure lakes bikes which they were happy to do.

Graham.

[gaz]

A claim for mileage. That one will be payable to you, unless they issue a cheque to the petrol station for your fuel and another to the garage for the wear and tear .