If my insurance company filed someone else’s accident under my policy, how do I get the money back from paying the high rates before discovering their mistake?

UPDATED: Sep 30, 2022

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If my insurance company filed someone else’s accident under my policy, how do I get the money back from paying the high rates before discovering their mistake?

I recently got married and was looking for an new insurance company to use with my husband. At the office new company I was given a $170 a month quote for both my husband and I together and we accepted. A week later I received a notice in the mail stating that the new quote would be $321 a month. My husband called our new insurance agent. The agent found out that my old company had misfiled 2 incidents. One was where I was rear-ended by another driver who was texting. The police report clearly showed the other driver at fault. However, my old insurance had it listed as my fault. After showing the police report, my new agent was able to get it removed. There was another accident on by file though. After doing some investigation he discovered that my old company had filed an accident my sister had, under my policy. My sister was driving her own car, I was not with her, and we had separate living addresses. And the accident did not show up on her policy. How do I get this mistake removed? And can I get the money back from where I was paying a higher rate for insurance than I should have been for almost 3 years?

Asked on September 1, 2016 under Insurance Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You should be able to get it removed by providing proof that it wasn't you: e.g. a police or accident report, plus evidence of the car you owned at the time and the address you had. If they will not voluntarily reimburse you for the overpayments, you could sue the company to recover the money, on the grounds of breach of contract--they charged you for something they were not entitled to charge you for.

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