What can I do if my vehicle was totaled while parked legally on the street.but my insurer says that I will not receive any reimbursement from the other driver because my payment was late?

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What can I do if my vehicle was totaled while parked legally on the street.but my insurer says that I will not receive any reimbursement from the other driver because my payment was late?

It was not late by nore than 2 days.

Asked on January 23, 2013 under Insurance Law, Louisiana

Answers:

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

Answered 8 years ago | Contributor

You were given misinformation from your insurance company.  Whether or not your payment was late and whether or not your policy was cancelled is irrelevant because the other driver was at fault.  Your claim is against the other driver's insurance company. 

If your insurance company continues with this misinformation, you should just contact the at-fault party's insurance company to file your claim for property damage.  If you are dissatisfied with settlement offers from the at-fault party's insurance company, reject the settlement offers and sue the at-fault party for negligence.


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