What to do about an insurance check made payable to both my ex-husband and I?

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What to do about an insurance check made payable to both my ex-husband and I?

I was involved in a car accident (through no fault of my own) several weeks ago. The car was registered in my name, and the insurance was solely in my name. My ex was still on the title of the car. I am not in contact the him and he neither paid on or drove the car. The check was issued in both of our names. Is there anything that I can do in order to get my insurance money (since I can’t get him to sign the check)?

Asked on April 27, 2011 under Accident Law, Maine

Answers:

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

Answered 10 years ago | Contributor

So I am assuming that the car was one of the pieces of marital property that was assigned to you in the divorce agreement and that either there was still a loan on the car so you could not transfer title upon divorce (or you would have had to refinance the car and that was not feasible) or that you forgot to do so.  The insurance company has a legal obligation to pay the proceeds to the title owners of the vehicle.  They are protecting themselves against a future claim.  I would call and speak with your insurance agent or claims representative.  I would explain that the car was an asset given you at the time of divorce and that you have the agreement to show that.  Ask if you can execute a "hold harmless agreement", where you agree to hold the insurance company harmless should an action be brought by your ex husband, in order to have the check issued in your name alone.  Send them a copy of the portion of the agreement relating to the car.  Good luck.


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