Legal Question in Insurance Law in Nevada

What are the consequences, if any. This is being asked for my neighbor. Her brother bought a car and financed it. He passed away. She can't get the loan in her name cause she has no credit. She did put the insurance in her name. I told her I thought if she got into an accident that the insurance company may not pay because the car is not in her name. Can you tell me what problem this could be for her.

Asked on 9/08/13, 6:30 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Your advice to your neighbor is likely correct. Since she is not the titled owner, the insurance company may well decide she holds no insurable interest in the automobile. Depending on what other property her brother left behind, she may be able to get the car retitled in her name without having to go through an expensive and time-consuming probate process. She should consult a licensed Nevada attorney who can detail the process of an "Affidavit of Entitlement" or other streamlined process to avoid having to go to probate court to administer the estate he left behind. If, however, she cannot afford the car, she may need assistance surrendering it to the lender who holds the loan against it. If there simply is no more property in the name of the deceased brother to satisfy the debt associated with the car, and she cannot qualify to take over the loan, she must hand over the collateral (the car) to the bank and let them take it for the amount owed.

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Answered on 9/09/13, 4:55 pm

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