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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101384
Experience:  Lawyer
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I have a problem with my auto insurance company TD

Customer Question

I have a problem with my auto insurance company TD INSURANCE. I have two vehicles, home insurance, and I bank with TD too. On August 11th I used their new online web based service where you can change your policies. One of my vehicles I use more in winter than summer. I usually have it under comprehensive. I changed my insurance on the 11th from full coverage to comprehensive but soon after finding out I had to make a trip to Saskatoon from Calgary, only 2 hours later I resubmitted to change my policy back to full coverage. Now fast forward to August 22nd I had lent my vehicle to a friend who needed a car for the day. During his driving a vehicle on a high way merged into him. The other party is at fault and a police report has been completed. I followed up with my insurance the following Monday and they rejected my request. They said they never received a request to change it back the second time. I am frustrated they are letting me hang to dry and wont honor my request. They told me they could not find any request on their end. Can I do anything legally for this unjust policies TD carries?
Thank you in advance
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

Do you have proof you changed it back?

Customer: replied 2 years ago.
Its only on their website. Unfortunately they do not have a sent box for their requests only inbox, unread, filed, and deleted. Which is another flaw in their website since I cannot see my requests. They do send a mail back it appears in inbox as request process but no detail if you request two changes in one day as which is the one they are reviewing. On August 25th when the rep told me they denied my request for the claim they told me they sent me on my inbox the amount of the monthly payments which dropped, that's their proof that the second request was not received whether that was a computer error on my or server. Plus it does not email it to you when the request is processed or finished, only in their web based mail.
Expert:  Debra replied 2 years ago.

Are you saying that when you tried to do this online you did not get a reference number?

Customer: replied 2 years ago.
they give you a reference but when I double submitted it only gave one. which is unclear which one it is.
Expert:  Debra replied 2 years ago.

The best I can suggest is that you send them a letter by registered mail. In the letter set out the chronology of events in terms of when you submitted each change online. Give them a reference number. Tell them that you believe they have the technological ability to determine when they used your site and you want their technical department to conduct an investigation so that you can be shown as telling the truth about changing the coverage.

You can say that they allow binding changes to be made online which is different than most companies do which don't even allow them to be made by way of leaving a message on a phone so they must not allow any client to be harmed if their site fails to register the change. Tell them that if they fail to cover you you will commence legal proceedings against them.

If they do not agree you are going to have a hard time winning because you have the burden of proof in court and it does not sound like you can actually prove that you made the second change. If the site does not provide proof it is likely the case that most clients would take a screenshot of the page as proof. In the future you should certainly do that, but for now I am concerned that you will not succeed in court.

Customer: replied 2 years ago.
Even if they don't have concrete proof of sent messages?
Customer: replied 2 years ago.
Also, if I do submit a third party claim against the other party's insurance, if they are at fault for the accident, will it matter that my insurance is not covering me? Does that change anything for the liability?
Expert:  Debra replied 2 years ago.

If there is a lawsuit the burden of proof is always on the plaintiff so you would have to prove that you changed the coverage back.

You can try to put in a claim and see if you can get coverage from the other driver's insurance. As well, if they will not cover you it may be that you can sue the other driver for damages.