What can I got if I into an accident and lost the check the insurance company sent me?

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What can I got if I into an accident and lost the check the insurance company sent me?

I asked them to send me a new one and since the original check had my name (the vehicle owner) and my cousin (who had me on her insurance) on it, I asked if they would send it to her so she could sign it over to me. When she received it she told me she was going to cash it and keep it. I then called the insurance company to cancel it immediately and send it to just me and they agreed if I provided proof of ownership. After I provided proof of ownership, I found out they told my cousin I was trying to cancel the check and for her to cash it. And she blocked all contact with me. I want to go to small claims court but don’t know if I should take her or the insurance company

Asked on January 6, 2016 under Insurance Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You would sue your cousin, if you were entitled to the money (as you appear to be, if you were the car's owner) but she refused to give it to you: she kept money that belongs to you, which is illegal. The insurer would not be liable for having followed your instructions and sending a check to your cousin, as you asked them to do--having followed your instructions, they discharged their responsibilities, and what your cousin did or did not do later is not their problem. They had to notify her that you wanted to cancel the check, by the way--otherwise, they could have been liable to her for issuing a bad check.


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