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Lienholder rights on auto claim
We are the listed lienholder. Insurance company sent a two party check to the customer and the body shop (not us). The customer signed just his name and cashed the check. The insurance company said they confirmed that the check was cashed with one signature and therefore they say they are out of it.
I believe they should protect my interest and pay for the claim. The body shop will not release car without payment. This is in Connecticut. How can I get the insurance company to help me?
Wow, this is interesting (mainly because usually we help the insured and not lien holders). You have protection under the auto policy.
Please see: http://www.auto-insurance-claim-advice.com/Financial-Responsibility.html
In a way, the insurance company must ensure that you are protected. You still have not been paid for the damages as neither you nor the bodyshop were paid. The insurance company is in the best position to go after the insured and/or the bank who did not properly paid the draft (check).
Talk to your counsel and remind them of the terms of the policy. They may have to re evaluate their position.
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