Can i sue my insurance company?

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Can i sue my insurance company?

I started my insurance policy over the phone with an agent. Told him all the coverage that I wanted on both vehicles. He gave me 2 different quotes based on the deductibles. Well my car burned 3 months after having this coverage and I had comprehensive on the vehicle. Insurance company says I did not have comprehensive at the time of the incident that it was added a few hours after it occurred. Which is not supposed to be the case. I was supposed to have that coverage the day I started my policy with them. Then they go on to Say that they did not record my phone call that day. Then say they do not have access to the phone calls they record. However, they denied my claim and I have been out of a car for a month now and it was my way of working because I deliver mail. So I have lost money from no work plus my car is totaled still sitting at the junk yard If they went back and seen I didn’t have comprehensive when my policy was started then whoever done my policy messed up and when I called my claim in I feel like they tried to add it that day to cover there mistake or something.

Asked on February 20, 2018 under Insurance Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Look back over the policy and declarations page(s) you received prior to the car burning: if you received paperwork confirming that you were covered, you can sue them for breach of contract (an insurance policy is a contract) for not paying as required by the policy.
If, however, the documents you received from the insurer did not list comprehensive coverage, then you did not have it; and if you had those documents around 3 months in advance (as your question implies you did), it was *your* obligation to notice the mistake, contact them, and correct it. The law holds you to what the policy (which, again, is a contract) states you had as coverage, since you are presumed (actually required) to read it and therefore are presumed to agree with it unless you contacted the other side about a mistake. So if you were given a policy without comprehensive coverage and did nothing about that for 3 months, you will typically be held to *not* having comprehensive, since you should have reviewed your policy and taken steps to correct any errors.


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