Fort Wayne, IN asked in Car Accidents for Indiana

Q: Hi, I am having an issue with an car insurance company about payment that was to go the state to get the title

my truck was hit by their client, she left the scene and was arrested for DUI, My Truck was totaled, now a month later I'm still trying to get paid. They know part of this settlement will go to the state to back back taxes that I owe to get the title from the state and they say they state needs to sign some paper and release the title before any payment is made but the tax office isn't going to release the title until they have payment. I ask for the settlement check to be sent to me and I would pay it off and send them the title because they already have my truck, they refused saying no payment or processing of this claim will proceed until they have that paper and title.

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1 Lawyer Answer

A: Their obligation is to pay in exchange for the title. Your title having a charge from the state is your problem--not theirs. I question why the state can do that but you can take that up with the Indiana Civil Liberties Union. I suggest you have them give you a check for the part of the settlement to pay the state so that the title can be released, and the balance when you get them the title.

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