Auto Insurance Claims: Estmate damage check, state insurance commissioners, playing the odds

Question
I was in an accident where a car backed into me. This driver’s insurance company has accepted liability. The insurance company estimated my damages at $700 and gave me check for $700. The next day I took my car to a repair shop that was recommended by the insurance company I did not tel them about my check and wanted o see what they would estimate the damages as. They estimated my damages at $1600 and then I showed them the insurance estimate. They said it was very low and did not cover the repair. Assuming this is true I told the insurance company that their garage estimated the damages at $1700 the adjuster then said when I get the damages fixed they will pay the garage directly any amount over the $700.

My question is can I force them to pay me the $1700 directly and I then can chose when and if to get my car repaired?

The insurance company said it is their policy not to pay upfront for repairs until there done. Thus, they are playing the odds that many people will take their low ball offer and not repair their cars.  Does this amount to bad faith if they do not pay me the full amount their certified repair shop has estimated the damages at?

My other option is to sue the insured and tack on lost wages for running around getting my car fixed and depreciation of my car since it now has been in an accident.  Your thoughts would be most welcomed  

Answer
Hi Billy,

You are absolutely correct. You are entitled to be paid for the repairs regarless of whether you have the repairs done. You should argue that exact point. It was their own shop that estimated the repairs to be higher. You are entitle to be paid and you are under no obligation to have the repairs done.  If they will still not cooperate and pay you, you can file a complaint with your state insurance commissioners office. If you still have no luck you would file a lawsuit against the at-fault person.

I hope this helps
Richard Hixenbaugh