Who gets the insurance check?

by Carrie

Hi I'm a buy here pay here lot. I have a client who signed for the truck. She's the only one on any Paperwork. She was in auto accident.

On 9/14/2012 and didn't report accident to me until last week. She was hit from behind
And her husband called and told the insurance Company from the at fault party he was the owner of the vehicle and had the check made out to him and the wife picked up check.

Where do I stand on getting the insurance company to reimburse my company for the loss?

Our client will not showfixxed and the insurance company is refusing to give me a check because they have already wrote the check to my client. Please help I don't know where to go from here.


Answer to Who gets the insurance check?


Hello Carrie,

Well, you need to contact an attorney. If you are a proper lienholder, there are provisions of the policy that should apply to you. This usually applies to a policy between the insured and the vehicle that was hit. If the party paying is the insurance company of the at fault party, the theory of compensation is negligence not contract (the policy), therefore, their only duty is to pay for the damages to the owner of the vehicle (not necessarily the lienholder or bank).

If the party that was hit produced proper documentation showing them as being the owners of the vehicle, the insurance company may not have any liability or duty to pay you.

Please note that the obligation of the party purchasing the vehicle continues. You still need to receive timely payment for the vehicle.


Good Luck
Accident Claims