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In: auto-insurance
30 Jul 2010I’m an 18 year old male driver, no previous accidents or tickets, therefore no points on my license. I drive an SUV. I currently have State Farm and my premium is extremely high, it’s about 1400 every 6 months. I’m looking for a cheap insurance company, not really worried about good coverage just a lower price.
So, I was in an accident yesterday. The other driver was at fault and luckily no one was injured too badly.
I called my insurance company and reported the claim as soon as I got home and was on the phone with an administrator giving my recorded statement and everything that afternoon.
They got me into my rental car that evening and I’m all set to get to work (I commute) until my car is repaired/replaced. Excellent!
Late this morning the appraiser came out and took his photos and informed me the car was a total loss, which I expected.
Because I couldn’t find all my paperwork from when I started the policy over a year ago (moved twice since then and have a lot in boxes) I sent an e-mail to customer service asking for them to send my declaration, coverages, etc. over for me to review.
I get a call this morning stating that my policy was pending cancellation for non-payment.
See, last month after my premium was payed (auto-pay) my bank kicked in fraud protection on my debit card because I bought a bunch of supplies for work (around $500). I went straight to the bank when my card stopped working, they had no idea what was going on and took my card and gave me a new one.
I forgot about my auto-pay at the insurance company being tied to my debit card, not to the bank account like my finance company.
So it makes sense the payment didn’t go through and I should have caught it.
When they called I realized what happened, explained it to the rep and gave them my new payment information. They said OK and they’d call if anything came up.
The payment is due on the 16th, it always comes out on the 18th (even though I set the 16th as the payment date with them) and the policy (found it this afternoon) states that if they cancel the policy due to non-payment/returned payment of the premium they’ll send notice in writing no less than 10 days prior to canceling it.
That means they would’ve had to send it the day the payment was returned for it to have canceled on the 1st and still sent notice in time.
I never got any notice. No mail, no phone call. And they won’t show me any proof they sent it either.
After the appraiser came out this afternoon they called back and told me the policy was canceled and not eligible for reinstatement.
I was pretty upset about that obviously.
They’re reviewing my account now, as I am making a big deal about not having missed a payment since the policy was started and no notice. It’ll take 24-48 hours for them to get back to me but in the mean time I have no idea what either party can do. Meanwhile I could be racking up a bill in the rental car they’re supposed to be paying for.
And it seems fishy that my policy absolutely cannot be reinstated only after they appraiser says it’s a total loss…
What are my rights with my insurance at this point?
Thanks initially for the answers.
I should state that the claims department took the claim on the 3rd.
2 days after the policy was supposedly canceled.
If it was canceled though, how did they take the claim?
I have been with StateFarm for over 4 years now and have a $500 deductible… I recently hit my BMW 325 against a post in parking lot while reversing and damaged my drivers side door and mirror. The replace/repair estimates are around $3K. Until now, I have had good driving history (no accidents/claims) . Does it make sense to file an insurance claim or is it recommended that i pay these expenses out of pocket? Thanks for your help in advance!
Had a very bad car accident summer of 2007. Have had shoulder surgery for a torn rotator cuff, have had surgery on each arm for nerve damage due to compression from impact onto steering wheel, still having neurological issues from 5 herniations in my cervical spine. C2, C3, C4, C5, C6 are all severely herniated, C4 and C5 are pinching into my spinal column and I am experiencing periodic numbness in my body, not loss of control of my body but just a pins and needles feeling in parts of my body from this herniation. I am going to have neck surgery because of this, surgery is set for march of this year…The driver that hit me ran a red light and sideswiped me. She is a highschool student that lives in her parents house…she is 18 and lives in her parents home because she was going to be a senior in highschool that fall….my lawyer called and told me he has recieved a call from the girls parents insurance company, whom she is insured with under her parents policy…they have a 50,000 policy…the insurance company have offered the full 50,000 and want her to settle. I asked the lawyer what my options were because I have such devistating injuries, can I go after their assets, or home owners insurance beings she was a driver under the parents and they dont have low insurance…they own a 430,000 dollar home, the father drives a 50,000 truck, the mother drives a new caddillac escalade, he owns a large trailer that hauls vehicles…the trailer is very valuable, over 20,000 dollar enclosed trailer. the lawyer says that I can get the 50,000 policy and cant go after homeowners but my question is, I am told that when a child of a parent is living in the home and driving, a parent should have an umbrella policy in case the child driving causes a devistating auto accident that results in severe injuries, so they cant lose their home….my lawyer seems really eager to settle this case and I haven’t even had my neck surgery yet…he says my own insurance PIP that I have will cover all surgeries that I need and give me all the medical care that I still need until I fully recover, but I am very angry and extremely upset because my injuries are worth way more than 50,000 dollars minus the lawyers 1/3 fee…I have had several surgeries and I am going to have a fused neck because of surgery that is needed, and my neurological health is still at risk…I want to know my options, I am afraid to go to another lawyer to ask advice but I need to know what I should do so I don’t screw myself out of compensation…I live in northern new jersey and I want to know if anyone knows what my options are….can I get the 50,000 off of their policy and then file a civil suit in court against them and go after all of their assets and when I win in court because she is found to be 100% negligent because she ran a redlight and hit my car at a high rate of speed 60 mph side impact…when I win would they be ordered to pay by a judge and all of their assets, including their home or whatever have a lein put against it??? I dont want to come across as a snake here but I am really in a bad position because I am permanately disabled from this accident and lost a career and a large part of my life as I knew it and I dont want to settle this out for peanuts….thanks..
just looked at all paperwork and girl that hit me was NOT 18…She was only 17 at the time of the accident. She was a 17 year old senior in highschool….I want to know if her being under 18 changes anything with the fact that she is a minor and still the responsibility of her parents….does this make my case better or does it stay the same..thanks
Hi,
I want to take someone to small claims court (regarding an auto accident — see my previous question if you like), however I would like to speak to an attorney before that (I’m still a bit confused about the law … the insurance companies are telling me stuff that is completely contradictory to what people on this site and others told me — thats why i think legal advice would be helpful).
Most “auto accident” attorneys that provide “free initial consultations” want you to be physically injured (since those cases end up being a lot bigger). My total dispute is about $1500 (and I refuse to lie and come up with the “stiff neck” story), so a person who deals with physical injuries probably wont be interested in my case.
Does anyone know where I can find free/low cost help? I am in the bay area in california? Or, if you are a lawyer in the bay area, ……………………..
Thanks in advance
I had asked this questions earlier, but wasn’t really clear. I was in an auto accident where both parties ran the light. Cop came to write up a police report, but never handed out citations for running light. So I assume no points will be added, correct? Also, once we report the accident to our insurance, would information regarding the accident be sent to the DMV, and would they be able to issues points to our license even if the cop that wrote the report NEVER gave us a citation?
So, basically if the cop didn’t write us a citation or gave us a ticket (all she gave us was the accident claim report number), would the DMV have the right to issue us points later when a citation wasn’t given out?
We are looking to change insurance policies, and progressive gave us the best quote, but i want to hear from YOU to see how well they handled your claim, i.e.. glass break, stolen, accident.etc….. please give me as much info as you can, I am not asking for policy #s, but your coverages, and vehicles. thanks!
Can I deduct the attorney legal fee portion of my Auto Insurance settlement for personal injury in my tax return.
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