Auto Insurance Claims: car insurance, policyholder, claimant


Question
My car was hit, and totaled. I only had liability.

the person that hit my car WAS at fault. They had liablilty, but the insurance and car was in his mom's name.

The insurance said they may not cover my loss because they said it(insurance) wasnt in his name. (the policy)

Can they do this? This sounds wrong to me.  I thought all that mattered was the car was insurared.

shouldnt i get my money, then if theres a problem, they sue him?

insurance was in oklahoma, accident in kansas.

thanks a million for any info.

Answer
Your instincts are correct, but as a third party claimant they have no legal duty to you. Their policyholder, on the other hand, does owe you for the loss. If I was you I'd send a certified letter to the owner of the car and her son with a copy to their insurance company and tell them that you demand that they pay the cost to repair your car or you will take legal action against both of them. That may get some action from their liability carrier.