QUESTION
Who gets the money from the insurance of the car accident?
Asked on Nov 04th, 2012 on Personal Injury - Michigan
More details to this question:
My truck was involved in an accident. The insurance company issued a $1214.11 check in my name, my wife's name, and the lien holder’s name. He is my former boss, and he says that he isn’t giving us any of the money and I still owe him $2,000 for the truck. Is there still a lien on it whose money is it or should we have the insurance company divide the money up 3 ways? My wife's name is on the title but she had no say so what so ever, she refuses to sing the check unless we get some it.
5 ANSWERS
Ronald A. Steinberg
It sounds to me like he gets the money. It also sounds to me like you owe him the balance of the loan for the truck.
Answered on Dec 19th, 2012 at 12:42 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
If the boss loaned you money against the truck, and you owe him the money, the boss is entitled to the check. If you guys can't agree on who gets the check, or convince the insurance company to reissue the check the way you want, you'll have to go to court over it. If you agree you owe the boss the money, perhaps propose 200.00 to the wife. If you think you do not owe the money, perhaps propose the three way split. It might be better than going to court.
Answered on Nov 08th, 2012 at 10:58 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
If there is a lien the insurance company will always put the lienholder on the check. If you still owe the lienholder give him the check and stop the posturing. If the lien is paid in full, sue the rascal in small claims court
Answered on Nov 08th, 2012 at 4:03 AM
Thomas Edward Gates
The check requires all of the parties' signature to be able to cash it. Why is there such a big divide between the cost to repair and check the insurance company issued?
Answered on Nov 08th, 2012 at 2:47 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Generally, the lien holder has no issue is the insurance proceeds are used to repair or replace the damage to the vehicle. If you are not going to use the proceeds of the insurance to repair the truck then the lien holder has a right to claim the money as, presumably, the value of the secured interest, the truck, is reduced by the amount of damage.
Answered on Nov 08th, 2012 at 2:37 AM