Auto Insurance Claims/insurnace settlement
I have a pick up truck that I and my Baby's Momma which I was living with purchased together in Illinois on 3/31/2012. My name is the first on the title if that matters. Then on September 28 2014 we decided that we could no longer live together as husband and wife. She moved out of our home of 3 years and immediately cancelled the insurance on the truck retaining the policy on her vehicle. She stated to the agent that she no longer wanted anything to do with the truck and did not want to be responsible for the premium. Please note that the truck was not paid off at the time of her cancelling the policy. I was notified by mail that the policy was canceled and immediately called our agent and placed insurance back on the vehicle under a NEW policy. This policy being in ONLY my name. Then on 2/4/2015 I totaled the vehicle. Negotiations took place between myself and the State Farm adjuster about settlement. We came to a mutual agreement on a price and settled. HERE IS WERE THE PROBLEM LIES. State Farm have sent to me a power of attorney for me to sign BUT EVEN THOU the adjuster spoke with me and me alone about the settlement, AND the insurance policy is in my name and my name alone they are not willing to give me the total amount of overage after pay off the vehicle to Capital One. The check they are willing to send will have my name AND my EX Girlfriends name on it. My ex girlfriend is not willing to sign the money over to me, even thou she cancelled her part of the insurance policy. Is there anything I do to get the total amount of the money. I have spoke with Sate Farm about this and even thou they admit in their policy it states they have the option to give me the check they are deciding to protect her interest in the vehicle even thou without me putting the coverage back on she would have only bills to pay on the accident and truck payments
This is a complicated situation however, I will try to simplify.
It makes no difference who's name is on the insurance policy. From your description of events, it appears that both you and your girl friend purchased and financed the vehicle. That means that both your names were on the loan and both names were on the registration of the vehicle. When a vehicle is totaled the insurance company will contact the lienholder to verify how much is owed and who actually owns the vehicle. Since both names were on the loan and registration the insurance company will issue payment to both people stated on the loan and the registration. It does not matter that she left. It does not matter that she was not on your policy. In the eyes of the law, she is an owner of the vehicle and must be included on the check.
The only thing you can do is convince her to sign away her claim to any of the money or offer to split the money with her in exchange for her signing the check. The best way to do this is for you both to meet a bank or other place that will cash the check, both sign the check and split the check right then.
I hope this helps