Auto Insurance Claims: Auto Ins.Settlement Check, lienholder name on check

Question
I live in Baja CA.  I have Allstate Insurance on my vehicle.  I call to have full-coverage for the few days I will be in the US.  Recently I was hit in a parking lot while I was shopping.  I immediately got an estimate for repair and then went home to Mexico.
I told Allstate that I don't know when or where I will be able to get the repair done so please issue the check to me only.  I was told "ok". I received the check in my name and the name of the bodyshop that gave me the estimate.  But I have no plan to return to that city.  Allstate told me I have to have a 2-party check.  If not with a repair company than with the leinholder.  Is that true?  Before we retired we did minor body repair in MI and we received checks made out to our business alone, or our customers name only and they would sign it and give us a copy of their driver's license.  Also, I know that you don't have to get the repair done or you can do it yourself and keep the check. The claims department is based in Texas.  Thank you for your consideration of this matter. Time is of the essence.

Answer
If there is a lien on your vehicle, then it is unlikely that you will be able to get a check in your name alone.  Whether or not the vehicle has a lien on it is the primary question.  If there is no lien, then the check is to be made out to the owner of the vehicle.  If there is a lien on it, then the insurance company can indeed require that either the body shop and owner or lienholder and owner be named on the draft.  Additionally, if there is a loss payee named in the policy, then that would also demand a two party check.  Companies vary in the way they handle this issue, but it is wise to include the lienholder's name when making a damage payment because the lienholder can re-submit the claim and get paid twice if the owner fails to repair the vehicle and for some reason the vehicle is repossessed.

I hope this helps, and I'm sorry I couldn't offer you a way to force the payment into your name alone.  I am not aware of any law that addresses this issue.

JP