by desperate owner » Thu Oct 25, 2012 06:50 pm
I let my really good friend use my car in TX as long as she insured the car and took care of registration fees. She had trouble making the car payments & after the second time the repo company had came looking for the car at my & co-borrower's place of work;I told her I would come take the car if she did pay the past payments to the finance company by the end of the week. A few days later she informed me she was involved in a nasty car accident and the car was totaled. She said I needed to talk to the insurance agent so the check could be sent to her. I asked for a copy of the police report & stated that in TX it is not necessary in order to file a claim. I asked who was at fault & she said she crashed into a tree trying to prevent being rear ended. I told her ins agent I wanted the check sent to me because it was my car not hers and he kept saying he needed an ok from her. I talked to my current insurance co and said he had to send the check to me because everything was under my name and I needed to be compensated. He agreed to send me the check only after my current insurance agent emailed after days of saying he was unable to send me the check with out the policy holder's authorization to do so. The agent was stallling hoping that I would give in an authorize him to send her the check. SHADY! The total loss for the car was $14,500. After her $900 deductible was taken out and the finance company remaining balance of $5,600 was paid off, we were left with a balance of 8k. The policy holder wants the money but I was sent the check because I am on title and it was my car. Now, the agent also included the co-borrower on the check and he refuses to sign the check unless he gets half due to his credit being ruin. The only way the co-borrower will sign the check is at the bank infront of the teller after I agree of him receiving half. So, she wants the check sent to her and even after I told her he will not sign unless he is there physically present at the bank and gets 50% that even if I sent her the check she would not be able to cash it. She said she would find a way and should not get in trouble if she initials his name and cashes it because it is not forgery. I told her he is aware of the check and wanted the claim number. I said I would give him the information later but he is researching because he plans on taking legal action if the check is cashed without him being present at the bank regardless of who cashes the check. My situation keeps getting worse by the day and no one is getting paid. Hopefully this clarifies my situation and if I talk to the Texas Department of Insurance will I get anywhere?
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