Expert: Ron Cercone - 6/9/2009

Question
I had a vehicle with my name and my mother's name on the title. However, I am the sole policy holder of the insurance that covers the vehicle. I have been working overseas for some time, and I have come to find out that the vehicle was "stolen" and my mother somehow talked my insurance company into sending her a check, though her name is nowhere to be found on the policy. The excuse I was given was that because both of our names were on the title of the vehicle, they sent the check with both of our names on it. I'm guessing my mother found a way to cash the check, because she never brought the situation up to me.

I was wondering if the reasoning that the insurance company rep gave me was legit. It doesn't sound right to me.

Answer
Hello E.J.,

Well, if you were making bank payments on the vehicle, the insurer would have to include the bank name on the check, even if the bank was not named in the policy. So I suspect the same would be true for everyone named on the car title. I think the insurer would be obligated to name you both.

If you were on the check, ask your insurer for a copy of the check after it was cashed to see if your mom forged your signature. Ask them to email you a scanned copy, or snail mail it.

Also you might have a claim against the bank where she deposited the check, since a bank is supposed to verify the identity of 2 party checks.

And while you are at it, ask the insurer for a copy of their valuation on the vehicle to see if they lowballed the settlement. You can get information on how to settle total automobile loss claims at UClaim.com http://www.uclaim.com . Most insurers use CCC or ADP to lowball claims. And they lowball even more on vehicle theft claims, and especially if the vehicle was not recovered.