insurance payout check for vehicle damages

[americanwoman]

is the insurance check for vehicle damages mine regardless?

From Florida. I was involved in an auto accident from which there were damages to my leased car. Somewhere between the issuance of a check by the other party's insurance company to be used for the repairs on my car, the vehicle was repossessed. I received notice that the vehicle was being sold to a third party. If the sale has been effected and I am no longer liable for any losses to the vehicle, am I still entitled to the insurance check for the vehicle damages? And if so, what can I do to have the check issued in my name only?

 

[Juan Rodriguez]

Simply put, no.

You never owned the car so the settlement draft was always going to have the leasing company's name on it.

If you were to accept a settlement draft for that vehicle it would be "enrichment" which is a violation the Florida Insurance Code.

 

[americanwoman]

Simply put, no.

You never owned the car so the settlement draft was always going to have the leasing company's name on it.

If you were to accept a settlement draft for that vehicle it would be "enrichment" which is a violation the Florida Insurance Code.

the check was never issued in the leasing company's name. It simply bore my name and a local dealer's repair shop. may not change anything, but just to clarify.

 

[lljnapa]

Why in Your Name?

I am not an attorney, but it appears to me that you're attempting to profit from this accident. If there was damage to the car and you no longer own, or have possession of, the car... how do you figure you're due the check that is to be for the car repairs?

 

[americanwoman]

Re: Why in Your Name?

I am not an attorney, but it appears to me that you're attempting to profit from this accident. If there was damage to the car and you no longer own, or have possession of, the car... how do you figure you're due the check that is to be for the car repairs?

I am trying to figure all this out with no ill intent. My question was valid. When this has happened to me in the past, I have told the adjustor I don't want to take the vehicle to a certain shop as listed in the check that was written and he simply says "I didn't hear that" and goes ahead and writes a check to me personally. This left me the choice of making the repairs at a lower price or not at all, for all they cared unless of course, the vehicle was leased or title held by a company and the individual. This particular situation proposed that if the car was already sold to a third party and the lien holder is no longer requiring additional responsibility from me or the other party's insurance company, what is there to do with the check and am I in the smallest of possibilities, entitled to it. It was a business deal - insurance companies pay out claims to insureds. I was the recipient of the pay out and while the payment was assessed according to the damages on "my vehicle", I am the recipient and the payout intended to satisfy my loss. At the time of the accident, I was entitled to that check. I'm trying to find out if I have to give up that right of entitlement because I no longer have the vehicle.