Can a check from a car accident be put in my name even if my name isn’t on the title as the owner of the car?

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Can a check from a car accident be put in my name even if my name isn’t on the title as the owner of the car?

I am insured as the driver on my car but someone else’s name is on the title. I got hit and filed a claim I took care of everything and now need the money to buy a new car. What im not sure of is if the other person might keep the check since the car is technically hers. Does the check have to be picked up and signed by the other name or is there any way to put it in mine just to be 100% sure the money is safe

Asked on April 28, 2012 under Accident Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should have the check be made out to the person who is insured. If you are the insured (for example, your mom is on the title but you are the insured), then you are the one with the check. However, please keep in mind that in many situations, this is considered fraudulent or at the very least not approved by the insurance company (that is, to have someone on the title not be the insured). Make sure you know that your insurance company is aware someone else is the title holder of the motor vehicle and that that individual is not also on your insurance. If you are the driver, and this check also covers any medical expenses, then most likely the check will be made out to you. If you feel a partial amount may be given to this other person since the car is not in your name, then you would need to discuss this with the title holder and insurance and hope the title holder agrees and instructs the insurance company to make the check out to you only.


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