Insurance payout help & advice

[thephoenix]

Hi all, good to be back.
I've been trying to find some info on my issue but it's been a long hard slog without success so I thought I'd try you guys.
The full story is a little complex so I'l keep to key points.
I bought a car for my now ex partner, which makes me the legal owner, he was fully responsible for it's upkeep. Over a year ago, he was involved in an accident and was killed. The insurance company has finally come to a conclusion on the claim.
Now when a car insurance company agrees to payout on a claim (write off claim plus accidental death of the driver/policy holder) who gets the payout? is it the policy holder's next of kin or the legal owner of the vehicle??

I understand the accidental death part will go to next of kin but I would of though that seeing as the insurance company is effectively buying the car in the way of market value payout, that payout should go to the legal owner of the vehicle.

Any feedback would really help in this matter.

Thanks for reading.

[des8]

Re: Insurance payout help & advice

You say "I bought a car for my now ex partner".
Does this mean "I bought a car for my ex and gifted it to him"
or "I bought a car for my ex to use"

You also say he was fully responsible for its upkeep.
Did that include insurance?
If so did he effect the insurance and declare that he was the owner?
Were you still together when the insurance was taken out ? If so who was shown as owner on the proposal?

Who was the registered keeper?
Many insurers will only cover the main driver if he is also the registered keeper

In any event the indemnity for the value of the vehicle would be paid to the insured (or his estate) as the contract is between the insured and the insurers, (unless the policy was endorsed to allow payment direct to a third party which would be most unlikely)
If the vehicle is owned by a third party, it would be for them to claim the value from the insured (or his estate).

[thephoenix]

Re: Insurance payout help & advice

Hi des8, thanks for your reply.
It was a multi car policy when it was taken out (however we had individual policies) he declared the vehicle was not legally owned by him but was the registered keeper.
Yes I agree the insurance policy is a contract between the company & the policy holder but if a vehicle is written off (effectively the insurance company taking ownership of the vehicle ie a purchase) surely the only person who they can 'purchase' it from is the legal owner.
His mother has the insurance payout.

[des8]

Re: Insurance payout help & advice

Were you named as the vehicle policyholder and your ex as the pincipal policyholder?
Had the policy been renewed after your split?
Were the insurers aware of YOUR ownership

Can you tell us who the insurers were, and the type of policy so can check the wording.

The insurers aren't "purchasing" the vehicle after a write off. They are performing their side of a contract by indemnifying the insured for loss.
However the vehicle does not become the insurers until the insured agrees a settlement figure.
Be interesting to see who agreed the settlement figure

However I still feel your best course of action is to lodge a claim with his administrator against his estate?
From your posting I suspect it is not feasible for you to approach his mother?