Am I entitled to the car insurance funds from my totaled car?

UPDATED: Aug 26, 2011

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Am I entitled to the car insurance funds from my totaled car?

I purchased a car from my brother but never got the title put in my name. I had a car accident and totaled the car. The insurance was paid for in my name and maintenance of car was paid by me. Am I entitled to any of that money?

Asked on August 26, 2011 New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although legal registered title to the car that you purchased from your brother was never placed in your name before the accident that left it a complete loss, if you had insurance for this vehicle in your name, paid the premiums, and there is a pay off for the car, you are entitled to the insurance proceeds from the insurance carrier.

The rationale is that the car is yours, you acted as though you were the owner by paying for its maintenance and insurance premiums, there was simply some glitch in transferring legal titile into your name.

For you to actually get the check from your insurance carrier, there might be some requirement that you must have title to the totalled car put in your registered name first.

Good question.


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