Insurance Check in My Name?

by Emily
(Hampton, VA)

I was in a car accident and I'm receiving a check from the insurance company for my injuries and pain and suffering.

Will the check come back in my name even though I'm only 17? I'm concerned with my mother taking the whole amount for her personal use. Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Insurance Check in My Name?":

Emily (Hampton, VA):

The insurance check should come back in your name. If you are represented by an attorney the check will come back in your name and her name.

Either way your name will be on the check. If your concerns persist, pick up the telephone and call the insurance company's claims adjuster. She is the person who has been handling your claim. Tell her your concerns about your mother's misappropriating your settlement funds.

Tell the adjuster to be sure the check is made payable to you, and not to your mother. That way your mother will have a very difficult time attempting to deposit your check at the bank.

If you are represented by an attorney take the same action. Notify her and tell her about your same concerns.

Whether you are a minor or not, your attorney legally represents you and not your mother. Your attorney's loyalty and legal responsibility is to you and not to any other individual.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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