Can a check from a car accident be put in my name even if my name isn’t on the title as the owner of the car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a check from a car accident be put in my name even if my name isn’t on the title as the owner of the car?
I am insured as the driver on my car but someone else’s name is on the title. I got hit and filed a claim I took care of everything and now need the money to buy a new car. What im not sure of is if the other person might keep the check since the car is technically hers. Does the check have to be picked up and signed by the other name or is there any way to put it in mine just to be 100% sure the money is safe
Asked on April 28, 2012 under Accident Law, Georgia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You should have the check be made out to the person who is insured. If you are the insured (for example, your mom is on the title but you are the insured), then you are the one with the check. However, please keep in mind that in many situations, this is considered fraudulent or at the very least not approved by the insurance company (that is, to have someone on the title not be the insured). Make sure you know that your insurance company is aware someone else is the title holder of the motor vehicle and that that individual is not also on your insurance. If you are the driver, and this check also covers any medical expenses, then most likely the check will be made out to you. If you feel a partial amount may be given to this other person since the car is not in your name, then you would need to discuss this with the title holder and insurance and hope the title holder agrees and instructs the insurance company to make the check out to you only.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.