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 Posted: Fri Jul 02, 2010 10:20 pm Post subject: I am being told it is a texas law that if my car has a lien |
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| I was involved in an accident that was not my fault. The claims adjuster is telling me unless I show him my title he can not write a check to me only to me and garage where I am getting it fixed ( haven't picked one out yet) or to me and lien holder. Is this true in the state of Texas? He is stating it is a texas law. |
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kelliegripentrog
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| Posted: Fri Jul 02, 2010 11:14 pm Post subject: |
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1) is this you insurance company (even if you were not at fault you could file under your own policy) and 2) if he knows the law then he should have no problem quoting it or proving you the info so you can find it.
I don't know of any state laws that require an insurance company to protect the lien holder on a 3rd party claim (only 1st party). |
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tcope
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| Posted: Sat Jul 03, 2010 5:40 am Post subject: |
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| Quote: | | The claims adjuster is telling me unless I show him my title he can not write a check to me only to me and garage where I am getting it fixed |
Sounds fishy to me, too. The adjuster may be trying to insure that repairs are made, but it's not really his call. Unless the vehicle is being totaled (not the case here) an insured is free to take the claim money and not have the repairs performed.
I agree with tcope -- you should demand that the adjuster show you where in the insurance code it says what he purports.
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MaxHerr
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| Posted: Sat Jul 03, 2010 5:10 pm Post subject: |
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| Thanks for the information. I have had nothing but problems with this insurance company (Farmers) with this wreck for two weeks now. |
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kelliegripentrog
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| Posted: Sat Jul 03, 2010 10:19 pm Post subject: |
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Again, if this is a first party claim (your carrier) then yes, he is right on the money, except, it may not be a 'texas law' but it most certainly is part of the insurance contract.
All policys I've ever seen, in all states, require first party losses to include the lein holder, and/or shop of repair 'if' there is a lein holder on the car.
I have asked to see the title on both first and third party claims...on first party if the insured is telling me there is no longer a lein on the vehicle and I show there is. On third party claims (yes, even repair), if I have reason to believe I am dealing with someone other than the owner of the vehicle. Or I have ran the registration and it is showing a different owner..
That adjuster is bound to make sure he is paying the owner of the vehicle and not some third cousin, who's borrowed the car. 
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Lori
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| Posted: Sat Jul 03, 2010 10:26 pm Post subject: |
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| Quote: | | That adjuster is bound to make sure he is paying the owner of the vehicle and not some third cousin, who's borrowed the car. |
Been there... bought the shirt.  |
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tcope
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| Posted: Sat Jul 03, 2010 11:32 pm Post subject: |
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I asked for the title everytime on both 1st and 3rd party, like T said-been down this road many times. The adjuster is just looking out for the vehicle owner.
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Trench
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| Posted: Sat Jul 03, 2010 11:35 pm Post subject: |
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But in this case the adjuster is telling the OP that a 3rd party (shop or lien holder) needs to be on the check by law. I don't know about TX but I've never heard of this "law" applying to a 3rd party claim (and I doubt it does).
You could ask for verification of ownership on 1st and/or 3rd party claims but this is different then putting another name on the check. |
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tcope
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| Posted: Sun Jul 04, 2010 12:02 am Post subject: |
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| Quote: | | You could ask for verification of ownership on 1st and/or 3rd party claims but this is different then putting another name on the check. |
This is true. However, if an owner can't or is unwilling to prove ownership, it pobably isn't a law, but an insurer has every right to not issue a check soley to an indiviual even on 3rd party claims. One major insurer I work for and have draft authority will not do it. If the owner cannot produce a title or other form of ownership, they will not issue a check or allow me to issue one period.
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Trench
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| Posted: Sun Jul 04, 2010 12:14 pm Post subject: |
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Yeah, I think the 'law' thing may be a stretch, although it most CERTAINLY would hold up...no one has the right to be paid for anything without proving ownership...period....again 'law' don't know, but most certainly the adjuster has the right to withhold payment until ownership is clear.
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Lori
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