Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 1, 2012

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Insurance Question from East Lynn, MA

Asked on 02/01/2012

I was in a car accident on July 14, 2011 and Pilgrim totaled my car on July 19th. Now they put me in for nonpayment I am trying to get new insurance for a new car I am buying and have to pay 100% down. My agent never sent me any information and never told me I had to return the plates. Now I have a nonpayment for 2 years and the insurance company will not do anything. I paid for entire month of July. What can I do?

Answer given on February 01, 2012

If your car was damaged in an accident and declared a total loss by the insurance company, the insurance should have been cancelled the day after the loss. That cancellation would have returned money to you for the unearned premium on the policy. Even though you didn’t return the plates on the car, the adjuster should have contacted you to get the necessary paperwork and information. You should contact your insurance agent and ask why the insurance policy was not cancelled after the car was a total. It sounds like they failed to properly handle the insurance and they should now go back to the insurance company and have the policy properly cancelled.I would suggest you try to find another insurance company for your new car. If they find out about the problem on the previous policy explain to them that the policy was not cancelled as it should have been, so there should not have been a nonpayment issue on that policy.


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