My brother won't give me back my accident claim check.

[toto90]

I was involved in a accident at work in the parking lot in March. I’m under my brothers insurance. The accident was not my fault and it happened with my truck. It was the other persons fault. I called the insurance company to get a check sent to me because I paid $1000 out of my own pocket. I was told I will be reimbursed. I keep calling the insurance company trying to figure out where my check is. Than the insurance company tells me it’s been sent out to my brother on may 10th and he cashed it out. They also said he owns my truck which he does not because I paid for that truck and signed everything myself to get that truck. I’m just under his insurance and he’s doesn’t own the truck. My brother doesn’t want to give me the money and he keeps lying to me and I don’t know that next step is to get my money back.

 

[Ohiogal]

I was involved in a accident at work in the parking lot in March. I’m under my brothers insurance. The accident was not my fault and it happened with my truck. It was the other persons fault. I called the insurance company to get a check sent to me because I paid $1000 out of my own pocket. I was told I will be reimbursed. I keep calling the insurance company trying to figure out where my check is. Than the insurance company tells me it’s been sent out to my brother on may 10th and he cashed it out. They also said he owns my truck which he does not because I paid for that truck and signed everything myself to get that truck. I’m just under his insurance and he’s doesn’t own the truck. My brother doesn’t want to give me the money and he keeps lying to me and I don’t know that next step is to get my money back.

So you tried to defraud the insurance company? Why was YOUR truck under his insurance? Are you a minor? or were you trying to get a lower rate? Do you live with your brother? If not, then you may have committed a crime. But it was his insurance and therefore the check was rightfully sent to him. So you need to answer. Or get an attorney.

 

[Just Blue]

I was involved in a accident at work in the parking lot in March. I’m under my brothers insurance. The accident was not my fault and it happened with my truck. It was the other persons fault. I called the insurance company to get a check sent to me because I paid $1000 out of my own pocket. I was told I will be reimbursed. I keep calling the insurance company trying to figure out where my check is. Than the insurance company tells me it’s been sent out to my brother on may 10th and he cashed it out. They also said he owns my truck which he does not because I paid for that truck and signed everything myself to get that truck. I’m just under his insurance and he’s doesn’t own the truck. My brother doesn’t want to give me the money and he keeps lying to me and I don’t know that next step is to get my money back.

What state?

 

[ALawyer]

The insurance company would normally pay its own policyholder for collision damages to an insured vehicle. If the policy was in his name, that's who they would pay. I assume legal title to the car also is registered in his name, as otherwise it's unclear to me why they would ever have issued a policy in his name -- one can't take out an auto insurance policy on a car one doesn't own or lease

There are all sorts of issues here, but perhaps foremost is that your real dispute is with your brother, who is not paying you back for the cost you incurred in repairing the vehicle. Remember he is your brother and that relationship will continue -- or be ruined -- for far longer than it will take to earn $1,000.

 

[Taxing Matters]

I was involved in a accident at work in the parking lot in March. I’m under my brothers insurance. The accident was not my fault and it happened with my truck. It was the other persons fault. I called the insurance company to get a check sent to me because I paid $1000 out of my own pocket. I was told I will be reimbursed. I keep calling the insurance company trying to figure out where my check is. Than the insurance company tells me it’s been sent out to my brother on may 10th and he cashed it out. They also said he owns my truck which he does not because I paid for that truck and signed everything myself to get that truck. I’m just under his insurance and he’s doesn’t own the truck. My brother doesn’t want to give me the money and he keeps lying to me and I don’t know that next step is to get my money back.

How is it that your brother was able to insure a vehicle that he doesn't even own? Who actually has title to the truck? In whose name is the registration? And why didn't you get insurance on it if the truck is yours? If the reason is that your driving record is poor and your premiums would have been high and you and your brother misrepresented who is driving the truck did to get lower premiums then you basically engaged in insurance fraud, which is a crime.

Since your brother was the policy holder, the insurance company pays him. He's the one with the contract with the insurer. So you'd have no claim against the insurer. You might have a claim against your brother, but if you engaged in insurance fraud then suing your brother over this might bring that to light which would not benefit either of you. See a local lawyer about this before trying to sue your brother.

 

[toto90]

Thank you for your time. I own the truck and the registration is under my name. I' am under his insurance just because it was cheaper to get family insurance with him and my other sibling. I drive the truck and the insurance company knew I was the one who had the accident. I don't how my brother does it, I don't have access to the insurance account, I just bank in the monthly payment to his bank account. My brother has been using me for so many years, I always let him get away with it and I hoping I can do something about it this time. I' am getting my own insurance starting this month.

 

[quincy]

Thank you for your time. I own the truck and the registration is under my name. I' am under his insurance just because it was cheaper to get family insurance with him and my other sibling. I drive the truck and the insurance company knew I was the one who had the accident. I don't how my brother does it, I don't have access to the insurance account, I just bank in the monthly payment to his bank account. My brother has been using me for so many years, I always let him get away with it and I hoping I can do something about it this time. I' am getting my own insurance starting this month.

The car might be registered in your name but who holds title to the car? Are you financing the car?

 

[toto90]

The insurance company would normally pay its own policyholder for collision damages to an insured vehicle. If the policy was in his name, that's who they would pay. I assume legal title to the car also is registered in his name, as otherwise it's unclear to me why they would ever have issued a policy in his name -- one can't take out an auto insurance policy on a car one doesn't own or lease

There are all sorts of issues here, but perhaps foremost is that your real dispute is with your brother, who is not paying you back for the cost you incurred in repairing the vehicle. Remember he is your brother and that relationship will continue -- or be ruined -- for far longer than it will take to earn $1,000.

So you tried to defraud the insurance company? Why was YOUR truck under his insurance? Are you a minor? or were you trying to get a lower rate? Do you live with your brother? If not, then you may have committed a crime. But it was his insurance and therefore the check was rightfully sent to him. So you need to answer. Or get an attorney.

 

[quincy]

What is the name of your state?

 

[toto90]

So you tried to defraud the insurance company? Why was YOUR truck under his insurance? Are you a minor? or were you trying to get a lower rate? Do you live with your brother? If not, then you may have committed a crime. But it was his insurance and therefore the check was rightfully sent to him. So you need to answer. Or get an attorney.

 

[quincy]

You can skip quoting the previous posts and just answer the questions asked of you if you are having difficulty doing both.

 

[toto90]

I used to live my brother but I moved out 6 months ago. I didn't try to defraud the insurance, I told the insurance I drive the car and it was me in the accident

 

[toto90]

What is the name of your state?

 

[toto90]

Florida

 

[toto90]

I' am not a minor