QUESTION
Who is entitled to the money after a car accident if the title and car insurance are in different names?
Asked on Jul 29th, 2012 on Automobile Accidents - Maryland
More details to this question:
I was in a little accident other day that left propery damage to my car. The insurance is in my name but the title is still in the person name who I bought the car from.
15 ANSWERS
It sounds like you are the beneficial owner of the car since you "bought" the car from someone else. Therefore, you should get the money.
Because you haven't transferred title to your name, the insurance company will probably want a release from both of you.
If the person from whom you purchased the car advises the insurance company that it is OK to make the payment to you, then the insurance company will do that.
If not, you may have to go to court to get the money.
Answered on Aug 15th, 2012 at 2:57 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
at
Gary Lee Platt
Update Your Profile
As long as you can prove the car belongs to you (a receipt from the seller, for example), you are entitled to the property damages. If your own insurer is paying for the damages, they should send you the check; if they send it to anyone else, something is very wrong. If the seller of your car finds out it has been damaged, he has no rightful claim for damages, so if he claims those damages as his own, you may need an attorney to make sure the money comes to you.
Answered on Aug 15th, 2012 at 2:57 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
It depends on why the title is still in the former owner's name. If it is because the former owner is financing the car and has a lien on it, then the former owner is entitled to the money.
If it is because the former owner has not yet transferred title but is intending to (in the other words the owner "hasn't gotten around to it yet"), then you should get the money. However the insurance company might insist on paying the title holder unless it gets a written release from him.
Answered on Aug 15th, 2012 at 2:57 PM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
The title owner.
Answered on Aug 15th, 2012 at 2:56 PM
Dennis P. Mikko
Since you have purchased the car, the insurance proceeds should be paid to you. You should transfer the title to the car to your name without further delay.
Answered on Aug 15th, 2012 at 2:56 PM
Child Custody Attorney serving Malvern, AR
at
Law Office of Gregory Crain
Update Your Profile
You are.
Answered on Aug 15th, 2012 at 2:56 PM
Brain Injury Attorney serving Baton Rouge, LA
at
The Lucky Law Firm, PLC
Update Your Profile
Typically, when recovering from a 3rd party's insurance, the registered owner receives the property damage settlement.
Answered on Aug 15th, 2012 at 2:56 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
at
Lapin Law Offices
Update Your Profile
As long as you can prove that you purchased the vehicle you should get the money from the insurance company. You should get the vehicle re-titled in your name so this does not become an issue if another accident occurs.
Answered on Aug 15th, 2012 at 2:55 PM
1 Award
Do you have a notarized Bill of Sale evidencing that you purchased the vehicle? If you do, submit it and the check should be issued to you.
Answered on Aug 15th, 2012 at 2:55 PM
Depends on whether you are talking about property damage or bodily injury. The property damage would go to the person whose property was damages, i.e. the owner of the title, the person who is on the title. Bodily injury damages would go to the person who was injured.
Answered on Aug 15th, 2012 at 2:55 PM
Slander and Defamation Attorney serving Tucker, GA
at
Law Offices of David W. Hibbert
Update Your Profile
Title holder has the right is you have not purchased the car. If there is a bill of sale or some other documentation that will be a factor. Get your ownership documents together and talk with a lawyer in your state. Did you pay for tag and taxes?
Answered on Aug 15th, 2012 at 2:55 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Depends on what the policy itself says about who or what is insured ask the carrier how they interpret the policy and then scream bloody murder if you think they are wrong People don't normally insure things they don't own.
Answered on Aug 15th, 2012 at 2:49 PM
Personal Injury Attorney serving Irvine, CA
at
Law Offices of C. Mark Hopkins
Update Your Profile
Any attorney would have to know more facts before being able to analyze the situation completely. 1. How were you able to purchase insurance for car you don't have title to? Many insurance companies will say that your policy is void, as you have no insurable interest. 2. On your insurance application, did you represent to the insurance company that you owned the car to be insured? If so, didn't you make a material misstatement of fact which could void your insurance policy? 3. For how long was your insurance policy in force after you purchased the car, but did not obtain title? 4. Why have you failed to register the car in your name.
Answered on Aug 15th, 2012 at 2:41 PM
Disability Law Attorney serving Marshall, TX
at
Carlile Craig, L.L.P.
Update Your Profile
If you are filing on your insurance then they will pay you for the property damage. If you bring a claim against another person for causing the property damage the other person's insurance company will want to pay the property damage settlement to the person with title to the car.
Answered on Aug 15th, 2012 at 2:40 PM
Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD
at
The Law Offices of Paul A. Samakow, P.C.
Update Your Profile
You need to have the title changed to your name. Technically, it is the owner's money until then, but realistically, it is obviously your money.
Answered on Aug 15th, 2012 at 2:38 PM