Car paid off to wrong person

[MBP]

I loaned my car, a 1988 Nissan Maxima to my ex-husband. We have been divorced for 3 years.
He was struck while driving the car. I found out that even though he had allowed the insurance to lapse, he was not at fault and received a check to pay for damages to my car. I have never signed title of the car to him. What rights do I have in Georgia to recover the damages to my car? Thanks

 

[PJ1956]

First of all, what did your ex do with the proceeds of the check? Did he spend it on himself or did he use it towards repairing the car?

 

[mbp]

He purchased himself a car after the accident. The insurance company that paid him says they do not have to pay the owner of the car, only the driver. He has not had the car repaired in any way. He tried to trick me into signing over the title, but I would not do this.

 

[PJ1956]

Hold on. As far as I know, an insurance company only pays out to the REGISTERED OWNER of a car, not to the driver (now assigning a check over to a designated body shop is another matter, and only the owner can do that). According to your scenario, Joe Schmoe could drive my car, crash it and he gets paid by my insurance?? Something is fishy.

 

[MBP]

So what do I do? Should I contact the insurance company or try to recover the money from my ex-husband. He has bought a new car so I know that he has spent the money. But he hasn't gotten his pain and suffering check. Should I call them now or what should I do?