Auto Insurance Claims: Insurance payout, state insurance commissioner, insurance payout

Question
Please help! An accident where I was not at fault. A scratch on my bumper. First her insurance company sent me a check made out to me and the body shop which I cannot cash. I called the insurance company back. I told them I might want to have it fixed for less and pocket the difference. They asked me if there was a lien on the car. Yes I told them. Now they say they can send me a check made out to me AND the lien holder. They state they are required to do this to protect the lienholder! Can I make them make it out to just me? Do I need to get additional estimates?

Answer
What they are telling me would normally be true if they are the same company that is insuring your car.  In my state of Georgia however, a check can be made out to the owner only on a 3rd party claim where the company is not actually insuring the vehicle.  I'd recommend that you check with your state insurance commissioner to clarification as to your state's laws.

Good luck!