Is this legal? Do I have rights?

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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: Oct 29, 2013

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Insurance Question from Devon, KY

Asked on 10/29/2013

Is this legal? Do I have rights? Car ins: KY. My car ins was due on 10/22/13. I have 2 vehicles thru this ins company, separate policies, but get 2 car discount due to my un married status with my fiancé . On 10/28/13, I hit a deer. My car was towed. I called next a.m to pay, they were ready to take payment. I told her i hit a deer.Now they say I wasn't covered as of 5pm 10/28/13. They refused to allow me to make payment unless I dropped to liability, and sign a paper to reinstate. She was willing to allow my payment untill I mentioned the deer. Was I covered? Grace period? Is this ethical/right? Please help! RJ

Answer given on November 17, 2013

Insurance companies usually allow a grace period for the payment of the premium due on the policy. If the premium is paid by that grace due date, then your insurance is reinstated back to the original date. If you were in the grace period, your insurance agent or company confirmed you are in that period, they should have accepted your payment and the loss should have been covered. It would have been easier if you had simply paid the premium first and after it was processed, then tell them of the claim. However, there should have been coverage and they should not require you to amend your coverage to liability only.Check your policy for payment information and if there is a grace period. If so, you should call your agent or company back and have them explain why the claim was not covered. Add physical damage coverage back on, to the date they required you to drop it. That would mean you still had coverage at the time of the loss. If they refuse, find a supervisor and see if they will assist you. A last resort would be to contact the Dept of Insurance and see if they can help you get the coverage and claim resolved.


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