My insurance is giving me the round about

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My insurance is giving me the round about

I got into a car accident and when I went to go report my accident, my insurance told me that I was no longer insured with them. I was confused because my account with them is set up with automatic payments monthly. I called my agent to explain and they communicated that a letter was sent to my home, which I never received. They also told me that they couldnt send a text because my phone number was marked as Home phone and they only send texts. On top of that the person I got into an accident with is texting me asking me when I am going to be able to buy a new car seat for her. Am I able to get my insurance to cover costs? I went to my bank with a letter showing that there was sufficient funds for the insurance payment to go through. Nothing on my bank side was the issue. I’ve tried to get into contact with a higher management but no one would give me a number. They only kept advising me to go to my agent, who is completely useless.

Asked on October 8, 2018 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You don't state in your question "why" the insurer claims you are no longer insured, so we can't give you a definitive answer. That said, IF you were still paying for coverage--the automatic monthly payments went through and were accepted at least up through the month when you had the accident--then the insurer should cover you: they are not allowed to take your money without providing the coverage you paid for. If you accepted your money but will not cover you, you could sue them for "breach of contract"--for violating their obligation to pay for covered losses, so long as you do your part and pay your premiums--and also based on "unjust enrichment" (they can't be "enriched" by accepting money which someone obviously only paid for services without providing said services)--to force them to cover you. The key would be proving 1) that you paid (money taken from your account and accepted by them) and 2) under the terms of the policy, this accident should have been covered.


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