Insurance Car Insurance Car Insurance Claims Whose Name Is on an Auto Insurance Claim Check? By Emily Delbridge Updated on January 22, 2022 Reviewed by Eric Estevez Fact checked by Leila Najafi Sponsored by What's this? & In This Article View All In This Article Who Is Paying the Claim? When There's a Loan on Your Car When You Own Your Car Outright Frequently Asked Questions (FAQs) Photo: The Balance / Lara Antal If you've ever actually read your policy, you know auto insurance can be very complicated, especially when it comes to filing claims and receiving an insurance claim check. There's really no way around it, though. It's complicated by nature. One of those details has to do with who actually receives payment when a policyholder makes a claim. Key Takeaways If the other driver is at fault in an accident, their insurance company pays you for damages if you own your car outright.If you have a car loan, the payment is made to both you and the lienholder, who also signs the check to ensure you use the money to pay for repairs.If your car is totaled, your insurance pays you the car's cash value minus any deductible, and you forward the check to your lender to pay your loan. Who Is Paying the Claim? There are a number of basic factors involved in determining who gets the money. The first has to do with who is actually paying for the damages. This almost always depends on who caused the accident, unless you live in a no-fault state such as Michigan. If the insured (that's you) is at fault, then your insurance company will be footing the repair bill. If it's the other driver's fault, the other driver's insurer is on the hook for the expenses. This is known as a "third-party" claim. That is, you, the damaged party, are seeking payment for your damages from the at-fault driver and their insurance company—two parties with whom you have no contractual agreement; hence the term "third party." Since there's no contractual agreement, the at-fault driver's insurance company has no obligation to pay anyone other than you, so the settlement check should be made out in your name alone, even if there's a lien on your car. When There's a Loan on Your Car Things can get a little complicated if there's a loan on your car. Your insurer knows there is a loan on your vehicle and maintains information on that loan. Therefore, when a policyholder makes a claim for damages, the insurance company normally will make the claim check out to both the insured and the lien holder. Since the lien holder continues to have an interest in the insured vehicle, it wants to be sure the claim payment actually is used on repairs and not on a policy holder's new ultra-HD TV or vacation in the Bahamas. So, when the insured receives the claim check from the insurance company, they will need to get the lienholder to sign the check in order to cash it and pay the repair shop. If your vehicle is a total loss, the insurance company will write the check for the vehicle's actual cash value (ACV) minus your deductible, and send it to you. You then will sign the check and forward it to the lender to pay off the loan. When You Own Your Car Outright If you own your car outright and there is no loan involved, the insurance company will write the check directly to you. But there is one very important thing to keep in mind. If you decide not to use the proceeds from your claim payment to fix your vehicle, you are likely to run into some trouble with your insurance company if you get into another accident. That's because they will not pay for any preexisting damages. In other words, the insurer will make a determination as to whether damages to your vehicle were caused by the most recent accident or were there before. You can be sure that if there is any uncertainty, they will attribute the damage to the prior accident and refuse to pay. Who can blame them? They paid for them once already. So if you are thinking about not fixing your vehicle when you get your claim check, you might want to reconsider. Frequently Asked Questions (FAQs) Who gets the insurance check if your car is totaled? If your car is totaled, your insurer will send you the insurance check. If you still owe money on the car, the check may be made out to you and your lender. If your car is paid off, the check will be made out solely to you. How long does it take to receive a car insurance claim check? Depending on where you live and which insurer you use, it can take a few days to several weeks to receive an insurance claim check. Your state's department of insurance will have more information about any legal requirements for insurers. For example, in New Jersey, auto insurers have 45 days to resolve claims from a third party. Was this page helpful? Thanks for your feedback! Tell us why! Other Submit Sources The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy. Michigan.gov. "Information on Purchasing Auto Insurance." Allstate. "When Is a Car Considered Totaled?" State of New Jersey Department of Banking & Insurance. "What You Should Know About Filing an Auto Damage Claim With Another Insurance Company."