Car insurance- post divorce


#1

The rules of each insurance company are different, so I cannot tell you why they will not just remove her. However, if the issue is merely that the refund check will come in both names if you do cancel you have two options. Cancel it and get the check in both names, see if you can resolve the issues. If not you may have a legal recourse because the language of the Agreement probably does not entitle her to receive half the money. Find out how much the refund really is, is it going to cost you more to keep her on the insurance until the renewal period than it would to cancel it and potentially split the money.

I do not practice insurance law, however if she is a named insured under your policy, she will be able to file a claim under that policy.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Greetings. I have been divorced since September 2006 and was required to cover my wife then ex-wife’s insurance on the vehicle she was driving until the vehicle was paid off - based on our sep agreement. I paid the vehicle off recently and signed the title over to her last week. I canceled the car insurance for that vehicle today but i cannot get her name off of the policy. My agent tells me that i will need to wait until my renewal comes up in a few months and cancel the policy then start a new one, reason being, is that if we cancel now, there will be a refund and BOTH of us will need to sign the refund check in order to cash it. Now, I paid 100% of the premiums so she deserves none of this. There is no way she will sign this. She only signs things that benefit her. She won’t be on as a driver but will be on as listed owner. My questions:

  1. can she file a claim against my insurance somehow??? Even though her car is off?

  2. do you think this is dragging my rates down?

  3. what negative impacts would this have on me??

  4. why can’t thye just remove her?

thanks…