My insurance is giving me the round about

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

My insurance is giving me the round about

I got into a car accident and when I went to go report my accident, my insurance told me that I was no longer insured with them. I was confused because my account with them is set up with automatic payments monthly. I called my agent to explain and they communicated that a letter was sent to my home, which I never received. They also told me that they couldnt send a text because my phone number was marked as Home phone and they only send texts. On top of that the person I got into an accident with is texting me asking me when I am going to be able to buy a new car seat for her. Am I able to get my insurance to cover costs? I went to my bank with a letter showing that there was sufficient funds for the insurance payment to go through. Nothing on my bank side was the issue. I’ve tried to get into contact with a higher management but no one would give me a number. They only kept advising me to go to my agent, who is completely useless.

Asked on October 8, 2018 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You don't state in your question "why" the insurer claims you are no longer insured, so we can't give you a definitive answer. That said, IF you were still paying for coverage--the automatic monthly payments went through and were accepted at least up through the month when you had the accident--then the insurer should cover you: they are not allowed to take your money without providing the coverage you paid for. If you accepted your money but will not cover you, you could sue them for "breach of contract"--for violating their obligation to pay for covered losses, so long as you do your part and pay your premiums--and also based on "unjust enrichment" (they can't be "enriched" by accepting money which someone obviously only paid for services without providing said services)--to force them to cover you. The key would be proving 1) that you paid (money taken from your account and accepted by them) and 2) under the terms of the policy, this accident should have been covered.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption