I just wanted to say thank you for your enormously positive response to our new Web TV show, "Crash Central." The first series of episodes on "assignment of proceeds" have prompted many of you to ask even more questions about this legal procedure designed to allow a body shop, on behalf of the consumer, to recoup the full amount of payment an insurance company owes for a repair. I've tried to answer a few of those questions below:
1. Can I use "assignment of proceeds" in my state?
Erica Eversman said in Episode 3 that she believes that, as a general principle, assignment of proceeds is the type of thing that would be commonly upheld in the vast majority of states. The reason, she said, is because the idea of assignment of proceeds is embedded in "common law," which is the law that spawns from case law versus statutes and regulations. The only time she believes there might be an issue is if a state has a law that specifically prohibits this type of action, but she said she would be very surprised if that was the case.
2. Where can I get a form for my customer to sign?
I as of yet do not know of a form for use but I'm working on obtaining one. On the show, Erica said the form could be something very simple typed or written up by you and signed by the consumer. Stay tuned for more information.
Are we advocating that every single body shop in the country pursue this legal action? No. It may not be something appropriate for everyone to do. As information providers and guardians of your profitability, we are simply providing you with the knowledge of a previously unknown legal maneuver which may allow you to recover monies you are owed.