What to do if I was involved I’m a car accident a few months back and there was no injuries but my car was damaged?

I went to talk to the other driver’s insurance people. They checked the car, gave me an estimate and told me they were going to send me the check since I was the driver when that happened. I told them that I was still paying for the car, so they told me that they were going put my name and title owner’s name on the check and send it top the driver (me). Well they made an error and sent it to the titleholder. The titleholder never mentioned the check nor the money and he’s still charging me the same amount. I asked him about it and he denied it. Can I sue him for insurance fraud or what legal actions can I take?

Asked on January 21, 2013 under Accident Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

What you need to do is get a copy of the cancelled check that was sent to the lender by the insurance carrier for the other party. Once received, send a demand letter to the lender demanding an offset/debit for the check sent from what is owed on the loan by a certain date.

If not done, then your option is a legal action for fraud and unfair business practices against the lender. Keep a copy of your letter for future use and need.

I suggest that you may want to consult with a consumer law attorney about your matter.

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