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Auto Insurance Claims/settlement of split equity

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Question
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

Answer
Donald,

Thank you for your question and while I am not privy to what state you reside and its laws, I would think that unless your ex-girlfriend was noted as a co-owner or lien holder on the vehicle's title, or on your policy, that YOUR insurer would have no obligation to add her name to the insurance claim proceeds. If she is, then because it will likely be considered as a "civil matter" you may need to go before a judge to bring forth a resolution. You may be able to do this through a small claims action however I would suggest you seek legal counsel to seek an opinion on this matter first.

You may wish to notify her that should you incur legal fees to resolve this issue that she will be responsible for half the legal fees and costs in the hopes she gives up her efforts and signs off.

I hope this offers some direction for you. Good luck in your endeavor.

Barrett  

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Barrett Smith

Expertise

Auto Claim and Collision Repair issues including quality and thoroughness of repair, Diminished Value, Total Loss settlement valuation, Appraisal Clause matters, Expert Testimony, pre-purchase inspections and others. While having been a Senior Claims Adjuster, I am not licensed to practice law and cannot provide legal counsel. I will provide replies as friendly and informal advice based upon my experiences and those of our clients as possible. For more information on our offerings please visit www.AutoDamageExperts.com For more informatin on our offerings please visit www.AutoDamageExperts.com

Experience

I grew up working in a family owned auto body repair business my father owned and operated in Alaska and after leaving the US Air Force I started my own repair facility in Florida. I later became a senior claims adjuster for a national auto insurer and later managed two GM dealership collision centers. I started another shop which was recognized as a "Top Shop" in central Florida for over 15 years winning numerous local accolades and awards such as Business of the Year. In 2001 I developed Auto Damage Experts to provide its services nation wide and to all segments illustrating balance and equity for all ADE clients. For more information please visit www.AutoDamageExperts.com

Organizations
ASA (Automotive Service Association), SCRS, CCRE and others... For more information please request CV or visit www.AutoDamageExperts.com

Publications
Local and national publications including but not limited to Auto Body Repair News (ABRN), Body Shop Business (BSB) and others. For more information please request CV or visit www.AutoDamageExperts.com

Education/Credentials
ASE Master Certified in collision repair/refinishing including damage diagnosis and estimating. Please request CV or visit www.AutoDamageExperts.com

Awards and Honors
As a quality Collision Repair facility owner, we received Top shop, Small Business of the year and other awards and accolades. Please request CV for additional information in this regard.

Past/Present Clients
ADE provides services to all segments including Legal professionals, Consumers, Auto Dealers, Insurers, Governmental and judicial entities. For more information please request CV or visit www.AutoDamageExperts.com

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