What can I do if I totaled my car but title is still in my ex-boyfriend’s name and he won’t authorize my insurer to release the payment to me?

He bought me the car then we split up after 5 months. He told me I could keep the car as long as I took over payments. I paid on it for 2 years then I used my tax refund to pay it completely off earlier this year. Been meaning to get the title transferred but haven’t done so yet. Then 2 weeks ago I totaled it and now my insurance company is telling me that they can’t give me the money without his authorization. When I finally got ahold of him he said he’s not going to release it and that since it’s in his name still he should get the money. What can I do? I only have 2 weeks left of my rental.

Asked on July 27, 2012 under Accident Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You should go and speak with an attorney and ask the attorney to write a letter to the insurance company indicating that theer is an adverse claim to the insurance proceeds and as a  stakeholder request that they interplead the funds in to court until it can be determined who is the proper recipient.  Or have him or her commence the action on your behalf and name the insurance company and the ex.  Then you can plead it to a judge.  Good luck.

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