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Ok, how serious is this situation. I am divorced, I had a

Customer Question
Ok, how serious is this...
Ok, how serious is this situation.
I am divorced, I had a court order to no longer provide auto insurance for my ex. This is the court order. I remove my ex from my auto policy. 9 months later, the ex has an auto accident. She hit a friend. Ex does not file a claim, but the friend does. Insurance company advises ex that she is NO LONGER on the policy. Tells the insurance company she did not know, how could husband remove her. Ex is facing suspension of her DL. Insurance company pays the and notifies me spouses have right, puts her back on my policy and then pays the claim and bills me for the moths she was NOT on the policy. After, claim is paid, ex notifies my attorney that I do NOT have to cover her anymore. I tell my attorney I never covered her as stipulated in the court order. So ex avoided suspension, had my insurance company pay her claim by misleading them into thinking she was still married to me. The insurance company then bills me this is how I found out. Is this fraud? Is this no big deal, it is what it is.
Submitted: 1 year ago.Category: Legal
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Customer reply replied 1 year ago
It is my understanding if you do NOT have auto insurance your DL can be suspended. She misled a major insurance company into paying her claim, when she had a court ordered that said she must obtain her own policy that had been in effect for 9 months. How can this happen. Now I am paying the bills. Insurance company has re-opened the claim. Isn't this fraud.
Answered in 49 minutes by:
7/17/2016
Lawyer: Gerald, Esq, Lawyer replied 1 year ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,587
Experience: Over 30 years of experience
Verified

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Yes your ex has committed a fraud.

You can notify the insurance company that:

1) She is not and was not your spouse at the time of the accident.

2) That the Court Order directed her to obtain her own insurance.

3) That you are not responsible and you will: a) File a complaint with the State Insurance Commission and

b) File a small claims action against the insurance company for the amount being billed to you. (You can also sue your ex for this amount.)

4) When you notify the insurance company of the above include a copy of the Order.

Copy the Insurance Company's Fraud Unit on your letter and the Company's General Counsel.

Send the letters Certified Mail.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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