How best to proceed with an auto insurance claim?

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How best to proceed with an auto insurance claim?

My dad was killed in a weather related car accident and his car was totaled. The police told me that he had no auto insurance. A month later, I received a notice from the insurance company that said his check they sent through each month had not cleared his account. I find out this is for another car he owned and had totaled 10 months previously. The premium was automatically taken every month. I believe they failed to change his insurance to his most recent vehicle. How should I proceed? They tell me they will pay PIP for the current accident but shouldn’t they be liable for the cost

of the most recent vehicle.

Asked on March 22, 2019 under Insurance Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You'd have to show that the failure was the insurer's failiure or error, not your father's; that is, you would have to have proof or evidence that he told them to switch the insurance to the new car but they failed to follow his instructions. If the failure was his--e.g. he forgot to switch over the insurance--they would not be liable. The problem is, if they don't voluntarily pay, you (or rather, his estate) would have to sue; and the person suing (the "plaintiff") has the burden of proof--the obligation to present credible evidence sufficient to sustain the claim. Without evidence, you do not have a viable case.


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