What if insurance check is written to me and lienholder?

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PostPosted: Mon Aug 09, 2010 4:32 pm   Post subject: What if insurance check is written to me and lienholder?  

I currently have a check made out to me and my lein holder for damage done to my vehicle done by drunk driver while my vehicle was parked. However I have more pressing issues medical and otherwise. How do i get my check cashed without my lein holder having to sign off on it? Please help.

deejay10
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PostPosted: Mon Aug 09, 2010 6:52 pm   Post subject:   

I'm guessing that you filed under your own policy... as the other person's carrier would not be required to put your lien holder on the check.



You cannot cash the check without the signature of your lien holder. It's that simple. Your carrier is obligated by law to protect your lien holders interest so they put their name on the check. Some carriers will put your name and a body shops name on the check but this is up to your insurance company.



I've said it before and I'll say it again... you _do not_ want to cash that check without your lien holders endorsement. I'm pretty sure it's a felony.

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PostPosted: Mon Aug 09, 2010 10:16 pm   Post subject: yes it was.  

Yes, I did file the claim under the other person's carrier. So what can i do? Can I call them and have them issue a different check and put a stop on this one?

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PostPosted: Mon Aug 09, 2010 10:24 pm   Post subject:   

The only time I've every seen a 3rd party carrier include a lien holder is when the lien holder put them on notice of their lien. This was not a total loss claim, was it?



If the other carrier was not on notice of a lien holder and this was not a total loss, how did the other carrier know who your lien holder was in order to include it on the check?

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PostPosted: Tue Aug 10, 2010 12:14 am   Post subject:   

No it was not a total loss. I have no idea how they knew unless they did the research themselves. That is why i am struggling to understand this whole situation. I can't even put my vehicle in the shop at this point, and i have a check that is of no use to me.

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PostPosted: Tue Aug 10, 2010 1:04 am   Post subject:   

Call the adjuster and ask him/her why they put the lien holder on the check. If they won't take it off, speak to a supervisor. Let them know that there is no legal requirement for them to put the lien holder on the check and they still owe you the money.

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PostPosted: Tue Aug 10, 2010 10:30 am   Post subject:   

I wil try that. thank you. I will let you know how it goes.

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PostPosted: Wed May 15, 2019 10:25 pm   Post subject:   

I received a check under my name and lien holder for a claim, but I no longer have the vehicle, how can I get the lien holder to sign off on the check?


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