Insurance Check Questions

Shame

Platinum Member
Dec 28, 2001
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Ok, here's the situation:

My ex-wife has Liability and Uninsured/underinsured motor vehicle insurance coverage on a vehicle purchased by her ex #1 and ex #2 for a car for a minor child of ex #2. Ok, the minor child of ex #2 and my ex-wife gets in an accident, which is not her fault. The ex-wife was orginally going to title the car in her name, but decided not to after the accident. The person that hit the minor child flees the scene, but is later caught, and found not to have insurance. Uh oh!

Facts:

The car was just purchased for $2,000.00.
My ex's insurance company is offering to pay about $3,000.00.
Ex #2 has the title, but has not yet titled it because the car was recently purchased. Actually he was kind of grumpy that the ex-wife didn't title it.
Four (4) passengers, and the child of my ex and ex #2 go to the hospital with minor injuries. ie. covered by my ex's insurance policy.
My ex sorta gets along with ex #2, but hates ex #1.
The insurance company knows all the above. There is nothing sleazy going on here.
The insurance company indicates that they intend to write the check to both my ex and her ex #2.
No, I'm not getting married again.
No, I am not getting paid anything.

Questions:

1. Are my ex-wife's insurance rates going to go up?
2. Is the ex-wife entitled to any of the difference between what was paid for the car and the $3,000 offered by the insurance company?

Hope that all makes sense.

Have fun with this, but I would mind a few sensible answers. :p




 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
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The rates will not go up if the accident is not classifed as her fault.

It is up to the insurance company to determine who the check should be made out to.
Insurance client and owner of the vehicle are both on the check for legal reasons.

This way, neither can state that they are being ripped off by the insurance company. Both must endorse the check; How they split the proceeds is up to them as adults (hopefully mature and responsible)
 

chambersc

Diamond Member
Feb 11, 2005
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1. her rates will go up. unfortunately, even if you aren't deemed "at fault" as long as your insurance company has to pay out for anything, they will raise your rates to compensate for their losses or perceived losses due to you being a liability.

2. you should get the remainder back or some of it.
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
42,589
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Originally posted by: chambersc
1. her rates will go up. unfortunately, even if you aren't deemed "at fault" as long as your insurance company has to pay out for anything, they will raise your rates to compensate for their losses or perceived losses due to you being a liability.

2. you should get the remainder back or some of it.


The lack of insurance by the other driver who is at fault will normally exempt her from a penalty rate increase.
 

chambersc

Diamond Member
Feb 11, 2005
6,247
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Originally posted by: EagleKeeper
Originally posted by: chambersc
1. her rates will go up. unfortunately, even if you aren't deemed "at fault" as long as your insurance company has to pay out for anything, they will raise your rates to compensate for their losses or perceived losses due to you being a liability.

2. you should get the remainder back or some of it.


The lack of insurance by the other driver who is at fault will normally exempt her from a penalty rate increase.

i don't mean to bump the thread if it's not necessary but like i said, even if it's not your fault as long as the insurance company has to pay (in this case, for an uninsured motorist) they will logically want to recoupe their losses.
 

SilentZero

Diamond Member
Apr 8, 2003
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Originally posted by: EagleKeeper
Originally posted by: chambersc
1. her rates will go up. unfortunately, even if you aren't deemed "at fault" as long as your insurance company has to pay out for anything, they will raise your rates to compensate for their losses or perceived losses due to you being a liability.

2. you should get the remainder back or some of it.


The lack of insurance by the other driver who is at fault will normally exempt her from a penalty rate increase.

Indeed, unless she has had prior accidents, then they could if they really wanted to.