What do I owe the body shop?

Whatever they charge you. Nothing more, and you can even barter with them to reduce costs. For example, you don't have to use manufacturers parts, you can use aftermarket. In some cases metal can be reworked instead of replaced, etc.

What the insurance company did was pay you based on their adjusters information. Now it's up to you who to use to fix the car, or not fix it at all if it's drivable and street legal.

Looks like you made a tidy profit of 400.00, Cicerone.

That should buy you a lot of film for your next trip.

My car's already in the shop.

Re: What do I owe the body shop?

If the body shop gave you a written estimate of $2,500. then I believe they are responsible for fixing exactly what they stated, for the exact amount they stated $2500.

The $400. extra, hmm. My evil twin say's keep it, something else might need to be done to the car that you or the mechanic might not be aware of. And if nothing else needs to be fixed keep it.

The angel in me say's, if the insurance company gave you $400. in excess of the repairs, then you should return the $400. to it's rightful owner, which is the insurance company.

"Give to Ceasar, what is Ceasar's. Mathew 22:21

key word "estimate"

I wrote to the California Department of Insurance. They'll clear it up for sure. Thanks to all for your input.

I would keep the money cicerone. If the insurance
estimated $ 2900.00 for the the repair, handed you
the funds and you found a repair shop that's cheaper
than the insurance estimate is yours to keep.

Or just make a quick call to your insurance agent, they'll tell you what's up with it.

CJ, That's how I look at it too! I signed the aujto shop estimate for approval. I didn't sign the estimate prepared by the insurance company. When the insurance company estimate came in higher, they called the auto shop to go ahead with the repairs. Normally, when a auto shop gives you an estimate, and they find something else to repair, they call to get your approval before anything else is done. However, I'm still not sure of the legal protocol.

I've had it the other way around once. I got rear ended
at the red light by an old lady, and the damage seemed
little. The insurance estimated an amount and paid directly
to the body shop. They in turn had to buy a special laquer
paint from the car manufacturer and wanted to charge
me additionally. I refused and referred them to the
insurance carrier to recuperate any additional funds.
If they ultimately did or not, I never know, my car looked
good as new though.

cicerone, if your repairshop is submitting the invoice
directly to the insurance, they'll contact you for the difference. If they don't then I'd keep it.

The insurance company already sent me the check.

But will they receive a copy of the invoice from the
repair shop or do you have to submit one?

They already have; and revised it. The shop has their own estimate and the estimate from the insurance company.

Well then - keep it!

Give some to charity to ease your conscience and for
the rest you'll buy something nice for your wife.

Some to charity sounds best. Already got somet'n nice for the wife when I was in HK last month.

c.i. As weird as it feels the money is yours to keep. Period. My former husband was an insurance adjuster for AAA in CA. for more than 10 years. It is the adjusters responsibility to determine how much a claim is worth and what they will pay on it. You have no obligation to take it to any of the repair shops you even got estimates from. You can take it someplace totally different. Sometimes the tricky part with insurance companies, if they know you have your car in a particular shop will make their check out to you AND the Body Shop. That means that you have to sign over the check to them and get a refund from the shop.

Either way, the excess money is yours to do what you will with it. The case is closed as far as the insurance company goes.

Hey dude! You could like y'know have the front dropped a bit and some flames painted on the bonnet, maybe the back jacked up and sprayed Day-Glo orange underneath. Some fluffy dice and a BIG chrome air pickup, wire wheels, like the whole 'low-rider' look. Drive around town man, check out the burger-joint, y'know - just be cool man.......

Listen to Lady J, c.i. That's what I was saying also, the insurance company compensated you for your LOSS. Whether you fix the car or not is up to you. Even if you do fix it so that it is "good as new", when you try to sell it someday, a Carfax report is going to show the accident and reduce your resale (probably by more than $400). The money is yours to keep. There is no "protocol" other than that.

Carfax pulls accident records from police reports though, so if there isn't one, the accident won't show.

I've seen cars that have been absolutely trained in the past that had clean carfaxes.