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Totaled my Car - Insurance Question

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  • Totaled my Car - Insurance Question

    I'll start out by saying that we shouldn't be in this situation and I will take responsibility for that up front.

    Got in a wreck and I am fairly sure the wife's car is going to be totaled. Aside from the frustration of the accident itself I found out the car isn't titled in my wife's name.

    My FIL bought the car for my wife while she was living at home. When the PD pulled the info at the scene of the accident I found out that apparently it is still titled in his name. What has me worried is that the car is insured on a policy with just my wife and myself, my FIL isn't listed.

    For all intents and purposes we "owned" the vehicle, but it looks like legally we did not. We paid for maintenance and repairs and we were the only ones who have used it since we have been married, but apparently my in-laws were still sending in the registration and still hold the title.

    I am a little nervous about the situation because I am wondering if this might cause problems if they total the vehicle. I am vaguely aware of the idea of "insurable interest" , but I'm not positive how it would apply in this situation. Will the insurance company have a problem issuing us a check if we aren't the title holders? My FIL suggested they would issue him a check, but I don't think they would do that because he is not on the policy.

    Again I realize it wasn't handled as well as it could have been. I'm a little frustrated with the wife and in-laws but I take full responsibility for this stuff not being in order. Any help would truly be appreciated.
    Last edited by slow06; 08-06-2012, 08:49 AM.
    "A government big enough to give you everything you want, is strong enough to take everything you have."
    -Gerald Ford/Thomas Jefferson

  • #2
    I believe that the check would go to the vehicle owner and not who the insured was...

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    • #3
      I just hope you're not dealing with Progressive. They are trying to put the screws to me at the moment.

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      • #4
        The only car I totaled the check went to the people it was titled to, which happened to be me and the wife. We both had to meet at the insurance company office and sign some papers to sign the vehicle over to them and then they gave us a check with both of our names on it. They were very clear it had to be both of us, it couldn't just be one of us. So, yeah, it sounds like the check will be made out to your FIL.

        Sounds like the FIL bought your wife the car before you guys were married. Hopefully he'll just sign the check and hand it to her but it'll be his call. I'd let your wife talk to her dad about it.

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        • #5
          Originally posted by Roscoe View Post
          I believe that the check would go to the vehicle owner and not who the insured was...
          That is what he was thinking, and i can see that as a possibility, but I am wondering if they can pay somebody not on the policy? It that is how ti works out then I will be a happy camper.

          Originally posted by downshift_me View Post
          I just hope you're not dealing with Progressive. They are trying to put the screws to me at the moment.
          No sir, we are with Allstate. Sorry you are having a bad experience, were you in a wreck as well? Insurance stuff can be incredibly frustrating, especially when you are an average joe trying to figure out all the in's and outs of the policy.

          Originally posted by jimithing View Post
          The only car I totaled the check went to the people it was titled to, which happened to be me and the wife. We both had to meet at the insurance company office and sign some papers to sign the vehicle over to them and then they gave us a check with both of our names on it. They were very clear it had to be both of us, it couldn't just be one of us. So, yeah, it sounds like the check will be made out to your FIL.

          Sounds like the FIL bought your wife the car before you guys were married. Hopefully he'll just sign the check and hand it to her but it'll be his call. I'd let your wife talk to her dad about it.
          Correct, he bought her the car long before her and I were dating. I will let him do with it what he thinks is best. The wife is a little bit more comfortable with his generosity since he has been taking care of her since she was in highschool, but I work hard to not take take it for granted. The truth is if he kept the money I wouldn't be all that upset (a little stressed, but not upset). That will put us in a little but of a tough financial situation, but he let us drive the car for free for two years.
          Last edited by slow06; 08-06-2012, 11:01 AM.
          "A government big enough to give you everything you want, is strong enough to take everything you have."
          -Gerald Ford/Thomas Jefferson

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          • #6
            Originally posted by slow06 View Post
            That is what he was thinking, and i can see that as a possibility, but I am wondering if they can pay somebody not on the policy? It that is how ti works out then I will be a happy camper.


            No sir, we are with Allstate. Sorry you are having a bad experience, were you in a wreck as well? Insurance stuff can be incredibly frustrating, especially when you are an average joe trying to figure out all the in's and outs of the policy.


            Correct, he bought her the car long before her and I were dating. I will let him do with it what he thinks is best, he is a pretty generous guy but I refuse to start expecting him to give us things. The wife is a little bit more comfortable with that since he has been taking care of her since she was in highschool, but I refuse to get comfortable with his generosity and take it for granted. The truth is if he kept the money I wouldn't be all that upset (a little stressed, but not upset). That will put us in a little but of a tough financial situation, but he let us drive the car for free for two years.
            They will only cut a check to the name on the title. People purchase insurance for vehicles not titled to them all the time. Your name will not be on the check, and he will need to cash it or endorse it over to you.

            It never occurred to you that you FIL was the name on the registration? I mean, even if he mailed the registration in, he still had to call her for a copy of the insurance card every year.

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            • #7
              Originally posted by Treasure Chest View Post
              They will only cut a check to the name on the title. People purchase insurance for vehicles not titled to them all the time. Your name will not be on the check, and he will need to cash it or endorse it over to you.

              It never occurred to you that you FIL was the name on the registration? I mean, even if he mailed the registration in, he still had to call her for a copy of the insurance card every year.
              I figured we weren't the only ones, but I didn't know if this as really a common situation. Sounds like it will be fine though.

              I have never seen the registration. I know she renewed it herself last time (and has gone to the courthouse and renewed them for other people as well). I assumed it came in the mail to her, but she must have gotten it from her parent's house.

              I always viewed it as my job to take care of car related stuff for her anyway, but she had weekdays off so she would do it because it was convenient. She is working M-F now so I will be aware of what is happening from now on.
              "A government big enough to give you everything you want, is strong enough to take everything you have."
              -Gerald Ford/Thomas Jefferson

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              • #8
                The check goes to your father in law. It's his car.
                When the government pays, the government controls.

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                • #9
                  Originally posted by 46Tbird View Post
                  The check goes to your father in law. It's his car.
                  Gotcha. Well good, as long as they can pay somebody I'll be happy.

                  Thank for the help everybody.
                  "A government big enough to give you everything you want, is strong enough to take everything you have."
                  -Gerald Ford/Thomas Jefferson

                  Comment


                  • #10
                    Originally posted by slow06 View Post
                    I figured we weren't the only ones, but I didn't know if this as really a common situation. Sounds like it will be fine though.

                    I have never seen the registration. I know she renewed it herself last time (and has gone to the courthouse and renewed them for other people as well). I assumed it came in the mail to her, but she must have gotten it from her parent's house.

                    I always viewed it as my job to take care of car related stuff for her anyway, but she had weekdays off so she would do it because it was convenient. She is working M-F now so I will be aware of what is happening from now on.
                    It's very common. People typically insure a vehicle they will imminently purchase before the title work is complete, so it's not uncommon. The shitty thing is that the title holder will be the one to get the check, if the vehicle title isn't transferred.

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