Claim check in my name only, can I cash it?

by neondave95 » Wed Dec 11, 2013 06:13 pm

I was involved in a minor fender-bender in a gas station parking lot (I backed into someone). So, I filed a claim with my insurance company because the other guy wanted his repairs covered. His repairs were covered by my insurance company and I've heard nothing else regarding his side/repairs. I got the estimate on my car done but at the time I couldn't commit to a repair shop because I couldn't cover the deductible. So, the insurance company issued a check for the repairs (minus the deductible amount) in my name only. I do currently have a lein holder, I don't own the car out right. My main question is, can I cash the check that was intended for the repairs? Since the check was only made out to me am I obligated to make the repairs to the vehicle?

Total Comments: 2

Posted: Wed Dec 11, 2013 11:52 pm Post Subject:

You can cash it if they issued it. Your carrier though has a duty to Protect the Lien-holders interest in the car and should have issued a 2 party check

Posted: Sun Dec 15, 2013 10:54 am Post Subject:

Since the check was only made out to me am I obligated to make the repairs to the vehicle?


It does not matter to whom the check was made. What matters is the contract you have with the lender. Failure to honor your loan contract can result is the lender repossessing the vehicle. If your contract requires you to maintain the vehicle in working order, then you have to have the repairs done.

If you cannot afford the deductible you chose, you should have chosen a deductible you can afford.

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