My auto insurance provider is refusing to cover damages

At fault driver has no coverage, my company refusing to cover damages. Stating
that I was not covered at the time of accident. Paid premium on due date which
was the same date of accident but paid two hours after the accident. Claims
department states Your Policy Was Not Active at The Time Accident. Coverage
was rolled over into new plan, also coverage was never stopped. One policy ended
at 12 am and new policy began at 12 am and premium paid by the due date.

Asked on March 8, 2017 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You could sue your insurer for "breach of contract"--for not honoring their obligation to pay when an in-force policy says they should. If there was no gap in coverage, as you indicate, and all payments were by the due date, you would seem to have a reasonable chance of winning, since there is nothing in what you write indicating that you were uncovered when the accident occured. (I write "reasonable chance" because court is never certain: you can never be sure that you will win a case.)

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You could sue your insurer for "breach of contract"--for not honoring their obligation to pay when an in-force policy says they should. If there was no gap in coverage, as you indicate, and all payments were by the due date, you would seem to have a reasonable chance of winning, since there is nothing in what you write indicating that you were uncovered when the accident occured. (I write "reasonable chance" because court is never certain: you can never be sure that you will win a case.)


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