What can I got if I into an accident and lost the check the insurance company sent me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I got if I into an accident and lost the check the insurance company sent me?
I asked them to send me a new one and since the original check had my name (the vehicle owner) and my cousin (who had me on her insurance) on it, I asked if they would send it to her so she could sign it over to me. When she received it she told me she was going to cash it and keep it. I then called the insurance company to cancel it immediately and send it to just me and they agreed if I provided proof of ownership. After I provided proof of ownership, I found out they told my cousin I was trying to cancel the check and for her to cash it. And she blocked all contact with me. I want to go to small claims court but don’t know if I should take her or the insurance company
Asked on January 6, 2016 under Insurance Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You would sue your cousin, if you were entitled to the money (as you appear to be, if you were the car's owner) but she refused to give it to you: she kept money that belongs to you, which is illegal. The insurer would not be liable for having followed your instructions and sending a check to your cousin, as you asked them to do--having followed your instructions, they discharged their responsibilities, and what your cousin did or did not do later is not their problem. They had to notify her that you wanted to cancel the check, by the way--otherwise, they could have been liable to her for issuing a bad check.
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.