Coincedentally my car was vandalized 1 day after I renewed my insurance. Can the insurance company not be liab?
I purchased my vehicle from one of those buy here- pay here dealerships in April. I was paying my insurance fine for the first few months, but the policy was eventually canceled because I failed to make the last payment within the Thirty day grace period. As it turns out I came into a little bit of money which enabled me to catch up on some of my bills, and also the auto insurance.
They had to give me a whole new policy because the insurance lapse was past 30 days. I decided to go celebrate, spent the night at a freinds house, and the next morning when I got to my car the windshield had been bashed in, and also the hood of the car was bashed in. I filed a police report, & informed the insurance company.
The claims adjuster told me she didn't know if they would cover the loss because he vandalism happened 1 day after I renewed my policy, and that this ype of fraud happens "all the time" Can they do his to me? what are my rights?
The cost of the car $6000. I put $3500 down, and he remaining balance, I have a $250/month note. The claims adjuster said the damage totaled to $2000. I would pay a $500 deductable. She never mentioned anything about them having a policy where I would have to have my insurance for so long before a claim coukd be oaid, It is no my fault hat coencidences like his happen.What should I do next. T=I have already faxed my claim papers, and i,m really scard they're going to try and somehow not pay for his claim. Can someone please advise me of my rights in this situation, and also if there is something i should be doing....or shouldn't be doing for thay matter. ANY & ALL RESPONSES & KNOWLEDGE ON THIS SITUATION WILL BE GREATLY APPRECIAED!!
curtisports22008-09-18T20:25:39Z
Favorite Answer
You must first understand this point - you did not renew your insurance. You allowed your policy to lapse. You may have applied for reinstatement - not the same thing as renewal - but in effect, you purchased a new policy. As with the purchase of any policy, you should be given an insurance 'binder' at the time you make a payment to 'cement' the deal between you and the company. This is usually done in person with an agent representing the company.
If you gace the money to reinstate the policy to an agent, you should have been given written proof that the policy was in-force as of a specific date, usually the day you made the payment. This proof is what covers you in the vent you suffer a loss before the actual policy is sent to you from the company.
If you do not have written proof, or if you agreed to the reinstatement over the phone and mailed your payment and the damage occurred before the payment was received, with your track record of non-payment, the company is not going to look at you very favorably and consider your policy 'in-force' because you had a verbal agreement and the payment was in the mail. And they don't have to. If you don't have written evidence that payment was received by the company and that the policy was in-force at the time of the loss, you can expect to not be covered.
If you do have written evidence, and the company doesn't want to honor the policy, what you first do is discuss the matter with the agent, and if they still won't cover you, contact your state's Department of Insurance. They regulate insurance companies and go after the ones who don't honor their policies.
As far as a claim by an insurance company that a policy must be in force for a specific amount of time before coverage applies - that is bull. What are you paying for if you're not being covered during that 'dead' period" But it's possible that there are policies like this Read your policy completely to see what is says about coverages - you may be misunderstanding something - and if it says nothing about a 'waiting period' and the company is denying you with this as a reason, you have a case against them.
The company may be saying that the damage happened BEFORE you renewed your policy. They must prove it. You do not have to prove that it didn't. But it's better if you can. The date and time of the police report compared to the time you reinstated the policy are important, but not everything. Of course, if the report was made before you made the payment, you're dead. They can argue that you knew the damage had occurred while not insured, and waited to call the police until after the insurance was back in place. If you can get notarized statements from friends or co-workers who saw you with the car the day before the damage took place and/or after you had gotten re-insured, verifying that the car was not damaged, this will help.
The most important thing to protect you, though, is your written proof of insurance showing payment by you for the reinstated coverage.
You are covered, this is not a life insurance policy where there is a 2 year contestable peiod. Insurance people use strong words, but you can proceed with your claim. It will not be fraud if you are honest, and claim only for your actual losses.
If you wish to recall your papers, proof of loss for any reason, see a Justice of the Peace and draw up a new one. Then go ahead with a straight forward and proveable claim, or at least a notarized claim.
Your car insurance company can automatically renew your policy and debit your account for payment. You most likely agreed to this at some time so you cannot insist that they refund the money straight away. You will probably only get a partial refund since you did not cancel prior to the new policy taking effect.
If you purchase a policy, it almost always begins at 00:01am the following day. If you purchased the policy at 4:00 pm on Sept 18, you are not insured until 00:01am on Sept 19.
Now the question is. What time did the damage occur? You may have a tough time proving this point.
Your crappy insurance carrier is trying to slime out of paying. Unless they specify they don't pay under the circumstance you mention, they have to, but you will have to get some legal assistance to fight on your behalf. That will end up costing you more than the whole shooting match of your car and lousy insurance.
Note to self - get the most reputable insurance carrier that you can. They are less likely to pull this weaselly crap. Good luck and sorry 'bout your loss. it sux.
BTW - FILE A COMPLAINT WITH THE ATTORNEY GENERAL'S OFFICE.