Auto Insurance Claims: Two party check, two party check and shop

Question
How can I get an insurance company to re-issue their two party check ($4,000) for a collision repair.  The insured has moved and we cannot locate him (nor can the insurance company) to endorse the check.  The insured didn't leave a forwarding order with the post office and has let their policy lapse.  We completed the repairs per the estimate written and authorized by the insurance company.  We didn't receive the check until after the consumer moved and the repairs were completed.  The insurance company said that they would not re-issue the check until the consumer verified the repairs had been completed, even after I offered to provide a notarized affidavit stating the the repairs had been completed per their estimate.  Do I file a complaint with the Insurance Commissioner?

Answer
Mark,

  Unfortnately, I am not aware of any way you can get the insurance company to comply with your requests.  Ultimately, you know that it is the vehicle owner who is responsible for paying for repairs to the vehicle, not the insurance company.  

  I run into this all the time, and that's why I am an expert skiptracer.  Locate the responsible party, that is all you can do.  Filing a complaint with the insurance commmissioner will get you nowhere because you are not a policyholder.  For a complaint to the commissioner to be valid, it must be from a policyholder against their own insurance company for a breach of consumer law or of the policy.  The commissioner does not help third parties recover money.

  I know this is probably not what you wanted to hear, but it is the right answer.  Locate the insured.  Hire a private eye, find them.  Find the responsible party, sue them, and the insurance company will likely pony up and make payment before any suit get's too close to a trial.

   I hope this helps.  Information is always free at Petty Details, LLC!