A tricky predicament...my daughter is incarcerated, while in jail, her husband totaled her vehicle.

7 views 3 answers
The vehicle is registered in her name only, but he has paid the insurance. The vehicle is not tagged. He had the accident stating someone ran him off the road and left the scene. He was intoxicated and his blood alcohol level was found to be well above the legal limit. He states that he knows the officer that attended the accident scene and that he shouldn't face charges related to the DUI. He was injured, not seriously, but enough that he cannot work. He has difficulty holding a job. Now he is claiming that HE should receive the insurance claim money. It should be enough to pay off the car loan and put money in his pocket to spend any way he chooses. My question is: can he legally receive this money without my daughter's written approval? I think the he is not entitled without her OK

Attorney Answers

3
Charles Reese ·
You need to consult with an attorney who specializes in insurance/car accidents/personal injury. The only big run I am seeing is that he was the one who was paying the insurance- was it in his name or hers (the insurance, not the title)? And, as an aside, even if he "knows" the officer, he's probably going to be charged with DUI.
0 upvotes
Kevin Pate ·
She needs to have a claim filed regarding her property damage. He may have a separate claim regarding bodily injury. If she is relying on him to protect her interests, she may not like the outcome.
0 upvotes