QUESTION
What should I do if my car insurance was cancelled without any notification from the company?
Asked on Aug 30th, 2012 on Personal Injury - Florida
More details to this question:
I got an accident yesterday. When I called my insurance company, they told me that I am uninsured because I did not pay my bills, which supposed to be auto payment. They do not want to pay for the accident. When I talked with their supervisor, she said that they tried to reach me by email and mail, which I did not receive. During this period, I talked with them for other matters, they reached me and I sent them other papers. I add a new car to policy but no one mentioned that it is not paid. Finally, their supervisor mentioned it was their fault. They could not stop auto payment but they tried to reach me, which they do not have proof they did. What should I do?
10 ANSWERS
Dennis P. Mikko
You should retain an attorney to review this matter. If the insurance company is at fault, they should pay the claim.
Answered on Sep 11th, 2012 at 1:21 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
at
Downriver Injury & Auto Law
Update Your Profile
You need to file a lawsuit. There is a legal notice requirement of notice so you can cure the non payment.
Answered on Sep 10th, 2012 at 1:37 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
at
Lapin Law Offices
Update Your Profile
Whether you have a claim depends on the answers to some questions including, but not limited to: Why did the "auto pay" not make the payment? Did you have sufficient money in your account to pay the policy premium? Did you do anything to stop the "auto pay"? When the "supervisor mentioned it was their fault" what was said and what did he or she say was their fault? If you do have a valid claim against the insurance company they would have to pay whatever they are supposed to for your accident. What they are supposed to pay is dependent on your insurance policy coverage, which you do not list. If you believe the insurance company is wrong you can contact the Nebraska Department of Insurance who will investigate the situation. They may or may not find that the insurance company should be made to pay. If the Department of Insurance does not make them pay I would suggest talking to an attorney about your case to learn more about your rights and possible options.
Answered on Sep 10th, 2012 at 1:08 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
Get a la copy of all correspondence between them and you, have a lawyer review it.
Answered on Sep 09th, 2012 at 3:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You should seek counsel. You have facts which could be in your favor and you should have continuing coverage if the insurance company made the mistake.
Answered on Sep 09th, 2012 at 3:45 PM
Ronald A. Steinberg
You need to see a lawyer. If the insurance company did not properly notify you of the cancellation, they may be responsible, but I promise they won't offer to do that unless you sue them and can prove that they screwed up. If you moved and did not notify them, and they mailed the notice to your last known address, then they are right and you are wrong.
Answered on Sep 09th, 2012 at 3:27 PM
Brain Injury Attorney serving Baton Rouge, LA
at
The Lucky Law Firm, PLC
Update Your Profile
Under Louisiana law, an insurance company must send out notice of cancellation before cancelling your insurance. They are allowed to do so via United States Postal Service and/or via email. If you feel that proper notification may not have been sent, you may wish to contact the Louisiana Department of Insurance and have it investigate the matter. Hopefully, it will be able to determine what was actually done by the insurance company. Good luck to you.
Answered on Sep 09th, 2012 at 2:54 PM
Litigation Attorney serving Olean, NY
at
Black, Lyle & Habberfield, LLP
Update Your Profile
Go see an attorney. Make the insurance company prove that they informed you of the cancellation. Cancellations is done by regulation in NY and the insurance company has to prove you were notified in accordance with the No Fault regulations. Good luck.
Answered on Sep 09th, 2012 at 2:27 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You have what may be a good lawsuit on the coverage question if you can prove what you say you can. They will likely deny everything you say (that is the insurance carrier way) you need a good lawyer who is familiar with coverage issues (may be hard to find).
Answered on Sep 09th, 2012 at 2:00 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Before they can cancel you for any reason (including non-payment) they are required to give you 30 days notice. See a lawyer.
Answered on Sep 09th, 2012 at 9:49 AM