OT:Got into a car accident with lapsed Insurance.., am I going to get hosed?? Options

[Sammy]

When I read the first post I kinda got the impression it was his wife that got in the accident, maybe it was just in her car. Anywho, I've met Mike and he is a he, unless he's hiding sumthin (IMG:http://www.914world.com/bbs2/html/emoticons/wink.gif)

[Allan]

That sucks Mike. Sorry to hear it. I hate dealing with insurance companies...

[Mueller]

QUOTE (Sammy @ Oct 28 2005, 07:39 AM)

When I read the first post I kinda got the impression it was his wife that got in the accident, maybe it was just in her car. Anywho, I've met Mike and he is a he, unless he's hiding sumthin (IMG:http://www.914world.com/bbs2/html/emoticons/wink.gif)

Sammy is correct, it was in the wifes car....I am still a "he" with no plans of changing (IMG:http://www.914world.com/bbs2/html/emoticons/biggrin.gif)

[Cano]

In Kentucky, state law requires an insurer to send a notification letter to an insured 14 days before insurance is to be canceled for non-payment of premium. It is my understanding that many states have such a requirement; can't say for sure about CA though.

If such a notice has not been sent by the insurance carrier, the insurer is going to have a problem denying coverage, at least for accidents that took place shortly after the cancellation of the policy. Note that KY law only requires that the notice be sent to the insured, and not that the insured actually receive the notice.

Again, this may not apply in your state, but it is worth looking into.

[Seagrave]

Bummer. I agree that you are ahead of the game because of your other claims. Many years ago I was canceled by Allstate (I can tell you where their good hands were...squeezing my nuts!) because I had three claims in a year. One was hitting a deer. Like.. I aimed? The second was a guy that turned left in front of me on a 280 on-ramp in San Jose. We collided and then he took off. I chased him down on the freeway, got the plate number, the description of the driver, and had another witness. He was uninsured ('natch) and Allstate paid. The third claim was my own fault for denting the door while backing. They said, "Sorry, you are an accident magnet." I switched to another company and had to pay a higher premium for a couple of years because I had been canceled. In your case there is another twist. You might be luckier than you think. The cops could have cited you for driving with no insurance. Buena suerte brother.

[Mueller]

QUOTE (Seagrave @ Oct 28 2005, 11:52 AM)

I You might be luckier than you think. The cops could have cited you for driving with no insurance. Buena suerte brother.

actually, I had the little insurance card inside my glove box stating I had insurance up to 04/15/06, that it why I thought I was in the clear with my payments.....so if the cops had arrived, they too would have thought I was fully covered (IMG:http://www.914world.com/bbs2/html/emoticons/wacko.gif)

[Seagrave]

QUOTE

I had the little insurance card inside my glove box

Whew!

[horizontally-opposed]

Bummer Mike... I am really sorry to hear this. (IMG:http://www.914world.com/bbs2/html/emoticons/headbang.gif) The 964 thing blew me away. (IMG:http://www.914world.com/bbs2/html/emoticons/ohmy.gif)

I hope the payment issue/other policies thing works out. Offer to pay whatever higher premium (even tell them to go sky-high) after this and then cancel it before they can cancel you.

I'm sure it's little consolation, but at least you've gotten your money's worth -- up this point.

Best,

[lapuwali]

You have a card that says you're covered through April '06, but they're now telling you that you weren't covered? Something smells bad...

I've been with the same insurance company since my very first car (in 1984). They send the card out AFTER I pay the bill, not before, and they send a new card (really just a paper slip) every six months. I have no idea how other companies operate, but any company that sends you a card prior to payment just doesn't sound like most insurance companies to me.
I'd say you potentially have some legal standing here, since that card is supposed to be proof of coverage to legal authorities.

[Mueller]

Update...

I'm hosed (IMG:http://www.914world.com/bbs2/html/emoticons/sad.gif) (IMG:http://www.914world.com/bbs2/html/emoticons/headbang.gif)

The "other" persons insurance is blaming me for the accident (got the letter on Saturday) and this morning my insurance company told me that after their legal department reviewed everything and that I had a lapse in coverage that was my fault so basicly, I had no insurance at all and they won't pay for anything...period

1st estimate of damage for my car is $2,000, might be worth driving down to TJ and get it fixed right along Aarons car (IMG:http://www.914world.com/bbs2/html/emoticons/smile.gif)

[Aaron Cox]

QUOTE (Mueller @ Nov 29 2005, 09:24 AM)

Update... I'm hosed (IMG:http://www.914world.com/bbs2/html/emoticons/sad.gif) (IMG:http://www.914world.com/bbs2/html/emoticons/headbang.gif) The "other" persons insurance is blaming me for the accident (got the letter on Saturday) and this morning my insurance company told me that after their legal department reviewed everything and that I had a lapse in coverage that was my fault so basicly, I had no insurance at all and they won't pay for anything...period 1st estimate of damage for my car is $2,000, might be worth driving down to TJ and get it fixed right along Aarons car (IMG:http://www.914world.com/bbs2/html/emoticons/smile.gif)

ouch my friend....big ouch.

[jonwatts]

Doesn't sound like anything surprising coming from the parties that don't want to pay up. Guess you have to decide if you want to take it further (lawyer? California Dept of Insurance?, flaming bag of dog crap?).

[Mueller]

QUOTE (Aaron Cox @ Nov 29 2005, 09:26 AM)

ouch my friend....big ouch.

yea, now to wait by the phone/mail box to see if the other car involved is going to sue me or whatnot for damages to thier car...oh joy....

[jsteele22]

Sounds like one of those cases where if you try and deal with it on your own, you are definitely screwed. But it sounds like you have a few things in your favor.

1) The ins. co. gave you a card that says your coverage is current. That plus the fact that you sent them a check (for homeowners), and the fact (I assume) that they did not notify you that your policy was going to lapse. You had every reason to believe (which you did) that you were covered.

2) You said that you feel it was the other guys fault. Any witnesses ? P{hysical evidence (skidmarks, posistion of dents, etc.) ?

Given that there's enough to build a convincing case, I'd say it's worth getting a lawyer. Get your $20k settlement, then switch companies.

BTW, back in around 1940 or so, my grandfather was in a wreck that totalled 2 other (new) cars, his fault. My grandmother had given him the insurance check to mail in, and he stuck it in the desk drawer with all the other things he was supposed to take care of. Oops. So right around the time when everyone else was easing out of the depression, he had to work to pay off two new cars. And that's why my mom is so friggin', uh, "economical".

[rick 918-S]

pm sent (IMG:http://www.914world.com/bbs2/html/emoticons/wavey.gif)

[Rand]

Does this mean you'll lose your license for a year? That's the way it works in Oregon. Ouch.

[Aaron Cox]

QUOTE (Rand @ Nov 29 2005, 10:18 AM)

Does this mean you'll lose your license for a year? That's the way it works in Oregon. Ouch.

(IMG:http://www.914world.com/bbs2/html/emoticons/blink.gif) (IMG:http://www.914world.com/bbs2/html/emoticons/unsure.gif) (IMG:http://www.914world.com/bbs2/html/emoticons/sad.gif)

[rick 918-S]

QUOTE (Aaron Cox @ Nov 29 2005, 09:18 AM)

QUOTE (Rand @ Nov 29 2005, 10:18 AM) Does this mean you'll lose your license for a year? That's the way it works in Oregon. Ouch. (IMG:http://www.914world.com/bbs2/html/emoticons/blink.gif) (IMG:http://www.914world.com/bbs2/html/emoticons/unsure.gif) (IMG:http://www.914world.com/bbs2/html/emoticons/sad.gif)

Same here in MN. You have alot at stake.

[Mark Henry]

$5000. fine in Ontario, Canada

not a missprint

[dmenche914]

Uhm, review your policy carefully. There might be a cluase that states that the insurance company must inform you in writting before the policy is dropped (ie even if they expect payment and do nto recieve it, they MUST notify you that coverage will be ending. I am pretty sure there issome sort of notification law, but might be wrong, so double check. That makes sense, say the check really got lost in the mail and insurance company does not inform you of policy end, and you house burns down, no fault of yours, the post office lost the mail. By requiring notification prior to cancellation, prevetns that sort of thing.

If it comes down to a judge, proff you wrote a check, and proof you did make some policy additions at that time would probably lead the judge to rule in your favor, as those proofs would tend to substantiate your story of a mix up in believing you were covered. Also may hlep to know how your payments have been made in the past, monthly, twice a year, varies etc.... your story sounds resonable given you have other policies with them, just stick to your guns on this one.

Keep in mind some less than honest folks do let the car insurance slip when cash gets tight, then try to make a claim, "claiming" the check was lost int he mail, when in reality they never sent it cuase they were broke. (in which case they basically broke the contract). The insurance company obviosly wants to stop this stuff, but since you did send money, just to the wrong account it seems a resonable judge would rule you intended to send it to the right account, and they did get the money.

Again, reseach your policy word by word, ecspecially the cancellation requirements, if they balk, tell them your position, and that that you'll be letting a judge decide and that you have the evidence to win, the evidenc that it was a book keeping error not an intentional failure to pay on your part.

Needless to say i have direct withdrawl for my auto insuracne, six month poly at a time, and they withdraw monthly. Might be worth considering once this is done.

Also you could complain to regulators for agents, your agent should have caught this. Let your agent know this wil happen unless he/she takes actiont o correct this for you.