Yes of course - you go with the insurer who insured you at the time of coverage. The policy in force at the time creates the relationship not the “current” insurer …
If you or the body shop cashed the initial check without authorization for additional repairs, you’ve basically rescinded your right to collect more. This is now a small claims court issue. Shouldn’t have cashed that initial check without getting an estimate from a body shop and having a check in hand for the full amount, as I said on 7/23. Once you cash the check you’ve basically accepted their settlement…
Not necessarily, otherwise, what’s the point of small claims if this is considered settled? Did it say anywhere @OP that “by cashing this check I agree…blah blah”?
That’s my understanding. But I’m no lawyer, just an idiot who has always refused to cash any checks until I agree to the amount on them and the strategy has worked for me. 3 years ago a tree fell on my house and I didn’t cash a single check for months until I was satisfied with the settlement offer, I went from $16k to $40k. @AP919 do you know the law?
No one cashed the check. I gave it to the shop after repairs were done, but they said they will not take it until they have payment for everything.
What are my options here, hold the rental until they pay? What if they don’t pay?
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Sorry, I don’t do insurance law, and it also varies greatly from state-to-state. However, the check was consideration in accepting contract terms, so if it was cashed, the contract - the insurance settlement - is technically binding, because it means the terms of the contract were accepted.
I thought you lawyers knew everything? Disappointed 
Yeah, that’s why some lawyers do certain kinds of law only…
But ya know, separate state laws and stuff, plus, I’m not a litigator…
What are my options here, hold the rental until they pay and bill them afterwards? What if they don’t pay?
If I pay it might be harder to get back my money? Also my insurance could step in, but I have 995 $ deductible so they might still not get everything from the other party and still be at a loss.
Right now I am chasing them on phone and they pass me from one supervisor to another. They claim that they should not pay for the rental if the car is fixed, even if they did not send a single payment.
How about you just pay $600 to the body shop and then chalk it up to experience so you get your car? Perhaps even negotiate and they might get you off the hook for less
I filed a claim with TDI and also spoke with some supervisors from Gainsco. They extended rental until today and they said they will handle the matter.
If I would have known it would be that fussy I would have tried to get at least 1000 $ from them and either fix it myself or keep it like this and just see what leasing company would charge me at the end and pay the difference (if any). In this case I am not willing to take the 600$ hit.
Lesson learned.