I am being sued by an auto insurance company for non payment—for TWO YEARS! They want over 12K

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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: Sep 13, 2011

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Insurance Question from Methuen, MA

Asked on 09/13/2011

I am being sued by an auto insurance company for non payment—for TWO YEARS! They want over 12K I was with an auto insurance company who was over-charging me. At the end of the policy, I didn't fill out the coverage selections page because I didn't want to renew with them. I never heard back from them, never received a bill, never a late notice, never a cancellation. Apparently they thought it would be a good idea to "cover me" again for a second year, even though I didn't pay them for a full year. Why would they continue to cover me for services I never asked for, and why would they renew the policy for a 2nd year if they never heard from me. Is there any way I can win this case??

Answer given on September 18, 2011

While each state has different regulations regarding insurance policies and the cancellation or non renewal, it seems that the insurance company has no standing to ask for payment so long after the issue.If you obtained insurance coverage with another company during the time in question, you should be able to provide the company with proof of insurance elsewhere, and that should settle everything for that time frame.If you did not have insurance during the time in question, you may need to try to work this out with the insurance company. Most states require that you carryauto insurance, so if you didn’t have other insurance, you may owe the premium to this company. Many times insurance companies are required to electronically file proof of insurance with the DMV to maintain your registration. If this company did this, then they were responsible for any accident that may have occurred.You may also try to contact your Dept of Insurance to see if they can help you settle this issue. However, they may refuse to get involved.

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