by desperate owner » Thu Oct 25, 2012 07:52 am
I am the lien holder for a car insured by a friend who borrowed the car for a year and paid part of the car payment. She fell behind and the repo co. came looking to repo the car on 3 different occasions. Needless to say, she ruined my credit and co-bororwer's credit. I gave her an ultimatum and said if by monday she had not cure the default, I would come take the car from her. I live in Chicago and she knew I would not be able to get before the deadline because of my work schedule. Over the weekend she called me and informed me she was involved in a car accident and had total the car. I asked if she was able to get thedrivers info and she said that she had to attempt to prevent the car accident but ended crashing into a tree. I asked for a copy of the police report and she said she did not contact the police department since in TX a police report is not necessary to file a claim. Long story short she wanted me to call her insurance agent to authorize him to send her the balance after the lender was paid off. I refused stating it was my car and I also paid for it and deserved to be refunded since she was the one borrowing it but I was paying for partial payments. Now the progressive agent sent me a check made out to her, myself and the co-borrower. She refuses to sign the check or authorize to cash it and the agent does not want to help. Am I entitle to get the check made out to myself and co-borrower by law if I was the lien holder if she refuses to sign the check? Can I file a complain with the Texas department of insurance if the insurance rep does not want to issue me a check under our names? He insists that her name needs to be on the check because she is the policy holder? What do I have to do to get the check under my name since I am the lien holder and want to get paid?
Posted: Thu Oct 25, 2012 12:31 pm Post Subject:
hi this is pole greg
Posted: Thu Oct 25, 2012 01:16 pm Post Subject:
Long story short she wanted me to call her insurance agent to authorize him to send her the balance after the lender was paid off.
Lender? I thought you were the lender. Since this person was paying installments to you, I'm guessing you had a loan as you also state "she" ruined your credit.
What do I have to do to get the check under my name since I am the lien holder and want to get paid?
This is a legal question, not an insurance question... as everything was done correctly by the insurance company. The person who is not paying for the car was the person who was the insured on their auto policy so the insurance company needs to included her on the check.
My recommendation is to file suit in small claims court in the state where the accident happen. You'd be asking for the the amount of the damages and the entire amount of the loan she owes to you. Actually, I'd complete the forms, send them to her and give her 15 days to sign the check. If she does not sign the check, I'd have her served and file the forms with court. I'm betting at some point she will sign the check if she does not want to loose in court. If she does not sign, go through with the suit. Be prepared to prove your case. If she looses, you will have a judgement against her. I'm guessing you'd then need to file a Wit in order to attach that judgement to that check. I'm not an attorney so I'm not sure how to do that.
BTW - The person who you gave you car to... I'd say if the biggest deadbeat ever. You should count your blessings that she even had insurance to address the loss. Unless you are a loan company or don't care about loosing your vehicle and credit, you should never finance a vehicle and give it to someone else. Just a stupid move. That person could not get their own car for a reason. I'm sure it was a good reason (actually, after reading this post, I know it was a good reason). BTW - you ruined your credit not her. You signed the contract with the loan company so _you_ should have been making those payments. Not her. She should have been paying you, yes. But even without those payments _you_ should have been paying on the car. That is how it works.
Posted: Thu Oct 25, 2012 06:05 pm Post Subject:
Thank you so much.
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