Can I sue my insurance agent for reporting someone’s accident claim on my insurance policy/driving record?

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Can I sue my insurance agent for reporting someone’s accident claim on my insurance policy/driving record?

Asked on November 10, 2011 under Insurance Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could sue the insurance agent for negligence.  Negligence is the failure to exercise due care (that degree of care in this case that a reasonable insurance agent would have exercised under the same or similar circumstances to prevent foreseeable harm). 

In order to prove negligence, you will need to prove duty (of due care mentioned above), breach of duty (failure to exercise due care by reporting another's accident on your record), actual cause, proximate cause, and damages.

Actual cause means but for the insurance agent's report, would another person's accident have been entered on your record?  If the answer is no, which appears to be the case, actual cause has been established.  Proximate cause means were there any unforeseeable, intervening events which would relieve the insurance agent of liability?  If the answer is no, proximate cause has been established.  Damages means the amount of compensation you are seeking to recover in your lawsuit.


 


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