Auto Insurance Claims: Claim Payment, unfair claims practice

Question
I am in Tennessee. An insured hit my parked car and did $5000 in damages. That is not disputed, I took it to two bodyshops that the ins company deals directly with to get the estimates. The problem is that I want them to send me a check and they are insisting that I take it to a bodyshop to get it fixed and they pay the bodyshop. Shouldn't they have to pay restitution directly to me if that's the way I want it?
Thanks!!

Answer
David,

 You are entirely correct.  If you own your vehicle outright, then the insurance company is obligated to pay you.  I am not aware of any law that requires a vehicle owner to repair their vehicle if they don't want to and if there is no loan on the vehicle.  Simply tell the insurance company you are not going to fix the vehicle and for them to send you the money!  If they argue with you, you have a right to be upset and request that they provide you with their legal basis for denying payment directly to you.  If they refuse, sue the person that hit your vehicle in small claims court and the insurance company will straighten up.  If you win a lawsuit, do you think the Judge or Jury will award damages to a body shop?  I don't think so.  You are the damaged party, not the body shop.

JP