QUESTION
Is my ex entitled to insurance money after totaling my car that is in my name only?
Asked on Sep 08th, 2011 on Divorce - Colorado
More details to this question:
I let my ex continue to drive a car of mine after we broke up. The loan and insurance were in my name only. Since she is a single mom with terrible credit, I agreed to let her continue to drive the car until she could get something else. I told her she had to make the payments on it as long as she continued to drive it. She ended up totaling the car and now expects me to give her the settlement money from the insurance company. I still have to pay the car off and only agreed to do this as a favor to her so she wouldn't be without a car. Do I legally owe her anything? To make matters even worse, she wrecked the car at 2:30 a.m. on a weekend and because I believe she was driving under the influence, she left the car abandoned on the side of the road before police could arrive. The policeman I spoke with said she had to have been drunk. She left me to deal with the entire problem and now expects money? Please tell me she is crazy! Any advice you can give me would be greatly appreciated.
9 ANSWERS
Roianne Houlton Conner
Was this issue addressed in the settlement agreement? Was the automobile to be her personal property?
Answered on Jun 25th, 2013 at 1:29 AM
No, she would not be entitled to proceeds for the damage to the property that is in your name under your insurance.
Answered on Sep 12th, 2011 at 12:09 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No, she's not entitled to anything.
Answered on Sep 09th, 2011 at 12:51 PM
Bankruptcy Attorney serving North Muskegon, MI
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Holmes Law Office
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Your question did not indicate that there is a divorce judgment or court order in place. Unless there is some court order giving her the car she has no right to the insurance proceeds.
Answered on Sep 09th, 2011 at 12:07 PM
I assume that the two of you are not married. If this is the case, then, I would think that she would have no right to the insurance proceeds. You loaned her the car. She agreed to make payments on it only while she was using it. If these facts are correct, then, it seems to me, therefore, that she has no ownership interest in the car and therefore no interest in the insurance proceeds.
Answered on Sep 09th, 2011 at 11:55 AM
Steven D. Dunnings
If the car is titled in your name only, she is entitled to NOTHING.
Answered on Sep 09th, 2011 at 11:44 AM
Theodore W. Robinson
She's "crazy" - like a fox! While she may have been intoxicated, she was at least smart enough to leave the scene rather than being arrested. On the other hand, if the car was in your name and the insurance is in your name, how did an accident report get filed? Who was said to be driving? If the settlement is only for property damage, it is likely yours. However, there may be other issues afoot if the two of you were married, such as equitable distribution issues that you didn't mention. Speak to your attorney about this one.
Answered on Sep 09th, 2011 at 11:36 AM
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She is not entitled to money for the property damage. She may sue you civilly for the contributions she made to the car payments, but this would likely be offset assuming the money paid out on the property damage only covered what was owed on the vehicle. I doubt she will do anything. If she does, you may want to consult an attorney to discuss your case in greater detail.
Answered on Sep 09th, 2011 at 11:22 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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She isn't entitled to anything unless and until a court rules in her favor after she tries to sue you for whatever reason she thinks she is entitled to anything. You can safely ignore her "demands" until she actually does sue you which is a highly improbable situation.
Answered on Sep 08th, 2011 at 8:16 PM