Legal Question in Appeals and Writs in Louisiana

I have a vehicle in my cousin name it is my vehicle I paid for it ,it was hit from behind the insurance paid for the repairs but she kept the checks sence did that,now I need to know if I can take her to court for the money that I paid on the vehicle if I have all the rec for all I for and insurance it was paid by me on my credit card for a year


Asked on 8/22/16, 9:50 pm

1 Answer from Attorneys

Robert Louque The Louque Law Firm, L.L.C.

This depends on:

1. Why the vehicle is in your cousin's name and not yours? (eg Did you have bad credit and she let you use her credit? Was the insurance too expensive so you got a car in her name to save on insurance? Are you trying to hide assets from others? Etc.)

2. What was the agreement between you and your cousin?

3. Do you and your cousin have a written or oral agreement regarding ownership of the car?

You say the insurance company paid for the repairs to the vehicle. Are you saying you expected to receive the money and not make the repairs? Or are you saying the vehicle was a total loss and she was paid and kept the money? Something else you expected?

You can always take her to court. That does not mean you will win.

The fact remains it sounds like you, for some reason, had your vehicle in her name and the insurance was in her name as well. You need to prove the vehicle really belonged to you. Even if you do that, you probably cannot get back what you paid for the vehicle and the insurance premiums but you might be able to recover any funds she kept. If the vehicle was repaired, then you have been made whole because your vehicle was repaired and you will likely lose.

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Answered on 8/23/16, 12:09 am


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