I leased a car for my former husband. We were married at the time. He is on the insurance policy as a driver. However, I never changed the address where the car was garaged to where he was living. The lease was up next week. Now, while he was away on business the car was stolen from his driveway. But I have to report the claim because I hold the lease and the insurance policy. Can the insurance company deny my claim since the car was garaged somewhere different than the insurance policy for the last couple of months? We divorced....
2007-01-19
11:53:32
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10 answers
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asked by
Anonymous
in
Cars & Transportation
➔ Insurance & Registration
I already filed the claim and said he was the driver of the car and the address for last couple of months. Am I screwed?
2007-01-19
12:11:33 ·
update #1
Do not ever take the advice of the person who said to lie. Get caught in that lie and that is the end of the claim, period. Not only that, you will have trouble getting insurance for years. It is possible the claim will be denied, but if the area he had the car in is a similar ratings area, the company will take that into account and more than likely process the claim as normal. It does look a little suspicious to have a car stolen with so little time left on a lease. I had a car vandalized on the last day of a lease once, but we got it settled.
2007-01-22 14:02:42
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answer #1
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answered by Fred C 7
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This question is really varied by the state. Court Orders are just what they are Court Orders. The Bank is not a party to the original suit - that is why they have leway in following the courts order. The other spouse is. You could bring the issue back to court - the court should find your ex in contempt of court for violating the order (these are just teeth). The court could order the vehicle to be sold, or transfer the right to sell the vehicle to you - as this property was obviously awarded the other party. You could go down the other avenue, and file a claim against the bank. They would probably re-fiance the car under the same terms - just so as not to waste legal expenses defending the case (the could however have the case dismissed on merits of the case though - this would cost you the filing fee). You do not have the right to repossess the car, and sell it even if your name is on the title, but epecially if it is not (grand theft auto). However if your ex took you to court - they would have almost no standing as they have not been making payments. While you are at it call each credit beureua, and have them password protect your credit file (free). This will keep her from using your information for other loans, and anyone else. Only inconvience is you have to give permission everytime someone tries to pull your credit report.
2016-03-29 05:22:32
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answer #2
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answered by ? 4
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The insurance company will probably realize that you were in the process of notifying them of the change of address as part of the "to-do" list one manages after divorce.
Your divorce lawyer should have advised you to transfer the lease/ownership of the vehicle as part of the divorce. Your ex should not have taken possession of the vehicle until this was accomplished.
2007-01-19 14:02:32
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answer #3
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answered by jims2cents 3
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Never say it was garaged there, lie if you have to. And yes they can deny the claim if they find out you committed insurance fraud what you already did by lying as to where it was parked, so stick with lying now and say nothing unless asked and even they say as little as possible, he was visiting there or whatever you need to say. Good luck ps if they deny the claim file a law suit against them, 50/50 chance of them settling or you winning.
2007-01-19 11:58:38
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answer #4
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answered by yawhosucs 2
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Yes they can deny it. However here is my advice. Inform them of the loss and since your husband was driving no problem there. Do Not inform them he had CCC (care, custody, control) of the car for the last several months at that address. If you do they will deny the claim since you did not inform them.
2007-01-19 12:00:10
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answer #5
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answered by ML 5
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Just tell the insurance company that you had lent him the car for a few days. If he still lives locally it's probably not a big deal anyway.
2007-01-19 12:04:04
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answer #6
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answered by Bostonian In MO 7
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i think the policy will cover it in full,,i don't think the location of it maters all that much right now,,its the same as if it was left somewhere in a parking lot,and got stolen,so i wouldn't think that location would matter too much on this one,good luck i hope this help,s.
2007-01-19 12:01:48
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answer #7
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answered by dodge man 7
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don't tell them that the car was residing there on a regular basis. it just happened to be there when it was stolen. i hope you dont get screwed on this. good luck
2007-01-19 12:02:50
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answer #8
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answered by dawn 5
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wow i feel bad for you..so sorry..i hate when stories like that happened..like my aunt she went to jail for 3 years because her ex husband framed her but i forget how
2007-01-19 11:56:45
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answer #9
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answered by Leo 3
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you might be **** out of luck but you might also find a loop hole...
2007-01-19 11:57:18
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answer #10
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answered by startbutton 2
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