Auto Insurance Claims: claim settlement, bankruptcy trustee, chapter 13 bankruptcy


Question
My wife was bumped from behind at a stoplight and it pushed her into the car ahead of her. The damage estimate we have so far is $815. The man who hit her has Allstate insurance and their  claim rep said they know it is their client's fault. She will have a seperate medical claim because she went to the ER to be checked out. Can we request Allstate just send us the check for the bumper damage and choose if we want to repair our car? We have a lien and it is being paid through a Chapter 13 bankruptcy. I know we have to report a cash settlement to our bankruptcy trustee, but that would help us pay off our plan sooner.

Thanks for your help.

Answer
Under normal circumstances, the money would be yours spend however you choose.
It sounds like not reporting the settlement would be a violation of federal law and I don't know why anyone would want to take such a risk considering the potential consequences.
Personally, I wouldn't care to share a federal prison cell with a bunch of other guys over $800.00

But.
If your intention is to pay of the car loan, why couldn't you just have Allstate send the settlement check to the lien holder?  Honestly your question is better suited for your attorney.