insurance claim

[drbuck]

I own a car,my daughter and her husband were making payments on the car. I was told to have them insure the car as primary drivers, they had got in a fight, and he got threw in jail. my daughter was driving the car and hit a deer,she was still on her husbands insurance. the insurance paid the claim to him, and here I am still paying for a car that is wrecked. he told his insurance company, he owned the car, but he does not, no papers have ever been transferred .
My question is what to do to get this remedied ?
Is it legal for him to keep this check?,and not fix my car,he has since dropped my daughter from his policy,but they are still married.
Thank you
Dana Russell

 

[I AM ALWAYS LIABLE]

My response:

There is nothing you can do, except to sue your daughter for the damages.

Your son-in-law was the person paying the premiums on the policy, and in order to have protected yourself, you should have insisted that you be named on the policy as the lienholder. That way, your name would have been included on the check.

Your son-in-law has another problem - - that is, insurance fraud. You see, he had to have told the insurance company that the car was "his" - - when in fact, it wasn't. Therefore, he did not have an "insurable interest", because he owned nothing to insure. So, because of his fraud, he was paid when he shouldn't have been paid.

But, from the way you write, it sounds like criminal activities run in your family anyway, and committing crimes is just a normal way of life. There is no honor among thiefs.

IAAL