by dean » Tue Nov 17, 2009 07:00 pm
My son totaled the car I purchased for him to use as school vehicle. My name and his name were on the title. He signed my name on the title and got the claim check and now wants to keep it. I have contacted the insurance company to inform them of this. Is there anyway they can reissue check in my name only now that they have salvage title and know of fraud?
Posted: Tue Nov 17, 2009 07:06 pm Post Subject:
First thing you need to do is file a police report. What did the ins company say when you informed them of this?
Posted: Tue Nov 17, 2009 07:12 pm Post Subject:
The insurance company is working with me to get a copy of the title from there total loss dept so they can compare signatures. They said that they would stop payment and reissue to both names and send to my address if in fact it is forged. But the issue remains that he will not sign the check. Is there anything they can do now that the title is in their name and knowing of the forgery to reissue the check in my name alone. Im really not interested in getting anyone in trouble I just want the problem resolved.
Posted: Tue Nov 17, 2009 07:15 pm Post Subject:
they basically said that the check is a matter between him and I in small claims court and I dont want to annoy them into not cooperating. But the forgery still remains.
Posted: Tue Nov 17, 2009 07:44 pm Post Subject:
Also if I know that he has already signed the check could I go over there with the police and fprce him to give me the check and then sign and deposit.
Posted: Tue Nov 17, 2009 09:19 pm Post Subject:
Just got voicemail from the insurance they stated that the name on title was in fact forged they will send me a copy but they were taking the position to step back and I should take up the issue with my son. Any suggestions??
Posted: Wed Nov 18, 2009 08:26 am Post Subject:
I'd like to know the reason why your carrier would step back at this juncture. I'd also like to know what your state laws suggest in this regard. Now, did you file a police report? Or do you wish to settle it with your son outside the court?
Posted: Wed Nov 18, 2009 04:37 pm Post Subject:
My mother is policy owner and they said they have to protect policy owner. My son was on her policy because of his bad driving record. My mother feels like since she paid the policy its her money. Im trying to investigate Colorado law further but what I found and told insurer is that as owner of vehicle that makes me co-insured on the policy in the event of total loss. Im still not sure as to how them knowing fraud is involved they will not stop payment on the check. And if the title is in fraud then there application for salvage title is invalid and legally the vehicle is still mine. I have not filed police report because it had been identified that my mother forged the title. My son is dependent on my mother doing everything for him so he has not spoken it is my mother who is doing all the fighting, but I would like to settle it outside of the court.
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