Can I sue for damages if my insurer mistakenly reported incorrect information to the DMV which caused my license to be suspended?

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Can I sue for damages if my insurer mistakenly reported incorrect information to the DMV which caused my license to be suspended?

My auto insurance company at the time had 2 cancellation dates in the system at the department of motor vehicles; this caused my license to suspended. I was unable to get a job or drive my car for 6 months. I contacted the insurance company to fix the problem but they never did until I made a complaint to the insurance bureau. By then the damage was already done.

Asked on September 9, 2010 under Insurance Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should speak with an attorney, IF it's economically worthwhile (see below); you may  have a cause of action against your insurer, since a negligent (or unreasonably) careless action by them caused  you damages.

The issue is whether the damages are worth suing over, which is something an attorney can help you decide. for example, you say that you could not get a job for 6 months--however, it may be difficult to prove that the lack of a car was the sole or even main cause of that. Also, if you had to take buses, trains, cabs, etc., you could sue for the cost thereof--but offset by any savings you had by not driving. Depending on the facts, it may be worth suing or  it may not be; you need to discuss all the particulars with an attorney. Good luck.


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