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Maverick
Maverick, Attorney
Category: Traffic Law
Satisfied Customers: 5930
Experience:  20 years experience as a civil trial and appellate lawyer
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Got in an accident wife paid insurance 10min after crash.

Customer Question

Got in an accident wife paid insurance 10min after crash. Insurance company denied the claim but didn't reimburse payment nor did they contact lien holder with cancellation until after accident, however they did pay for totaled vehicle storage.
What are our rights?
Submitted: 1 month ago.
Category: Traffic Law
Expert:  Maverick replied 1 month ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 1 month ago.

Was the money paid before the accident or after? Please clarify.

Also, was you policy in effect at the time of the accident?

What about at the time of payment?

What is the reason that they denied the claim?

What did the commissioner say?

Customer: replied 1 month ago.
Money paid 10min after accidentPolicy cancelled day before on 8th. Policy reinstated on 9th but after accident. Lien holder wasn't notified of cancellation until 9th. By then we were already reinstated.Policy was reinstated at time of payment which was 10min after accidentThey denied the claim because we werent considered covered at the time of the accidentThe commissioner said to review the letter on why they wouldnt accept the claim.
Expert:  Maverick replied 1 month ago.

1. What was the reason that the policy cancelled on the 8th?

2. Were you given any notice that the policy would be cancelled on the 8th?

Customer: replied 1 month ago.
It lapsed due to nonpayment. We were given a letter stating it "would be" cancelled on the 8th at 12am. Never anything saying your policy is now cancelled to reinstate pay this amount, which they have sent in the past.
Expert:  Maverick replied 1 month ago.

Based on what you have stated, it appears to me that the claim was properly denied; but you still should have the option to cancel the pending policy and obtain a refund of the unused premium balance if you decide you want a new insurance company to cover you going forward. The insurer would have a reasonable amount of time to contact the lien holder after the policy actually expired so that issue is a non-starter. Finally, it is unclear why the insurer paid for the vehicle storage if the policy terminated the day before. I suppose one could argue that the insurer would be estopped from denying coverage; but the insurer may plead mistake and seek a refund. So, you may want to let that go.

I know this is not the answer you wanted to hear, but I am assuming that you are paying for a professional and honest answer.

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