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My car insurance company has made a check for repairs out to me and my lien holder. The lienholder will not sign the check over to me until the repairs are done, but I can't afford to have the repairs done without the check because the body shop needs some money up front to begin the repairs. The lien holder keeps saying that corporate policy dictates they cant sign the check over despite the circumstances. Is it Washington State law (or national law) that my insurance company HAS TO make the check out to both me and the lien holder?

According to the Washington State Office of the Insurance Commissioner there are not specific state laws surrounding this issue so insurance companies have differing policies regarding payment procedures.

Your company may have policy language regarding whether it is necessary to repair your vehicle, or to make the draft payable to a lien holder or a body shop and the owner. If the other party's company is paying they are required to pay either the registered owner or the lien holder, or both.

Most insurance companies will write the check to both the car owner and lien holder when a person still owes on a vehicle since the lien holder still holds the title of the vehicle so has the right to make sure the vehicle is repaired after an accident. The car is the lien holder's asset and thus they have the right to make sure the insurance monies are used to get car repaired properly.

As for the procedures of your lien holder, you can continue to see if they will work with you to get the check signed and handed over to the repair shop. If they will not do so due to their corporate policies then it appears you will have to wait until you are able to save up the money the body shop requires up front to start the work on the vehicle. 

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This car insurance question was asked on 1/31/2008
This auto insurance answer was last updated on 2/8/2008
Oonagh G requested this car insurance solution.
Rated 10 out of 10 based on 1 vote.
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