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Would this be considered insurance fraud? (See details)

Asked by ItalianPrincess1217 (10522 points ) February 15th, 2013 from iPhone

My car was totaled in an accident. The other guy’s insurance company wrote me a check for the blue book value of the car. Unfortunately it wasn’t enough to pay off what I owe on the car. If I choose to keep the check and not pay the dealership, is this insurance fraud or illegal in any way? Keep in mind I am filing chapter 7 bankruptcy this month also (if this has any effect at all). I just don’t want to do anything that will put me in jail. I also don’t want to give my only money to a dealership and still owe them thousands more on a car that I don’t even have anymore.

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