Expert: Richard Hixenbaugh - 5/21/2009

Question
My vehicle was involved in a wreck about a year and 1/2 ago.  A friend of mine was driving.  The other insurance company accepted 100% fault.  I had not received my check for property damage yet. My friend told me he was handling the injury claim and would  get my $ then.  I finally called the insurance company NationWide, and was informed that a check was sent for the property damage, to my friend and his lawyer on Jan 17th 2007 and was cashed by them.  My friend and his lawyer are claiming, they don't know anything about it.  Can Nationwide, really send a check out for property damage, to a person who is not on the vehicle title?

Answer
Hi Jill,

This is a problem. You will need to fight this on two fronts.

First, you need to send a letter to Nationwide (Certidied mail/return receipt requested). In the letter you need to out line what happened and the fact that they paid the property damage to the wrong people. You need to send a copy of your title to show proof that you own the vehicle. You need to ask them to provide you with a copy of the front and back of the cased check.

Second, you need to send a similar letter to your friends attorney. You need to state that he received and cashed the property damage check improperly. You need to request that he provide you with an accounting of the property damage payment received. You need to further inform him that you have also sent a letter to the insurance company requesting a copy of the front and back of the cashed check and that if he does not pay you the full amount of the property damage check he received that you will file a complaint with the State Bar Association.

You need to do this very soon before you lose your right to collect.

I hope this helps
Richard Hixenbaugh