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Category: Business Law
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a couple of months ago i totaled my truck the insurance company

Customer Question

a couple of months ago i totaled my truck the insurance company declared it a total loss. there is in outstanding balance through a finance company. the insurance company is waiting on me to send them the title. the title is clear of any liens and is in my name alone, free and clear.
if i send this title to the insurance company who will receive payment?
Submitted: 1 year ago.
Category: Business Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Business litigation attorney. Thanks for your question.

If there is no lien holder listed o your title, then the insurance company should remit any payment to you since there's no evidence of a lienholder against your vehicle.
Roger, Attorney
Category: Business Law
Satisfied Customers: 27080
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 6 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

the title is clear yet the insurance company has a loss payee, would this change the circumstances?

Customer: replied 1 year ago.

i dont know if you are getting my reply. are you?

Expert:  Roger replied 1 year ago.
As you know, a loss payee is a person or entity designated on an insurance policy to be paid in case the insured property is damaged or destroyed. If you have a loss payee clause, then that's who will get the money.
Customer: replied 1 year ago.

does the clear title free of any liens override a loss payee clause

Expert:  Roger replied 1 year ago.
No. The contract governs. If the loss payee isn't owed any money, then it can tender the money to you.

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