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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116215
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have my insurance with progessive, I am new to this small

Customer Question

I have my insurance with progessive, I am new to this small town I live in just so happen in the middle of the night some one had put a rag in my gas tank and burning my truck up to where it is a total loss. I had paid progessive in full for a 6 month premium, and was to be set up on auto , Well when I went to make the claim which was Nov. 5th 2016 they informed me that my policy was cancelled from a payment that was not made and was due on Oct 5th or 6th, So I paid the reinstaement fee, Nothing changed with my policy same policy number and all I just made the reinstatment fee on my online account I have with them, They where suppose have taking it out of my account from it being set up on auto pay and did not, should my truck still be covered if it was still with in the 30 days
JA: What state is this in? And how old is the truck?
Customer: IL
JA: Has anything been filed or reported?
Customer: Yes I have to pick up the police report today.
JA: Anything else you want the lawyer to know before I connect you?
Customer: and it is a 2006 Dodge ram 2500
Submitted: 7 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If they did not take payment and you were set up on auto pay, then this is their fault, not your fault. They would be liable for covering you for the damages since it was their fault and they also never sent you a non payment and cancellation warning as they are legally obligated to do. If they refuse to pay the claim, you need to send them a letter explaining that this was their fault as they failed to take the auto payment as contracted to do and also failed to send a cancellation and non-payment notice as required and inform them their denial now is in bad faith and as such if they continue to deny the claim you will be forced to pursue legal action for breach of contract in bad faith and seek punitive damages and also you will file a complaint with the state insurance commissioner against them for their unfair and deceptive practices.

If they still refuse, then you need to sue them for the payment using a local attorney and also file your complaint with the insurance commissioner


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Customer: replied 7 months ago.
oka, but also my main concern is if it was due on oct 6, and I paid for my insurance to get reinstated and its on same policy with same expiration dates, they should not deny my claim, Cause that is what they are doing they are denying by claim cause the damages occurred on 11/05, in the middle of the night and I reinstated my insurance on 11/05 early that morning, I am not sure what the actual law are when it cometo reinstated insurance and if you are still covered through that grace period,
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.

I understood the situation and it happens all the time and when it is the fault of the insurance company that they did not take the auto payment as agreed upon, they are liable to cover the damages. Yes, you are still covered during the grace period and you are also covered because the policy should not have been cancelled and was improperly cancelled as I said above.
Customer: replied 7 months ago.
Thank You for all your help, If I have anymore questions I will get back with you.
Expert:  Law Educator, Esq. replied 7 months ago.
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Thank you for your reply.


Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.