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This is about auto insurance. We traded in our Honda in 2016…

This is about auto insurance...
This is about auto insurance. We traded in our Honda in 2016 and bought a Subaru. We left the lot with Subaru having arranged insurance to add the Subaru and drop the Honda. The insurance company now says the HONDA is still on the policy and the Subaru is not. We are contesting this bc there was an accident in the Subaru 2 days ago.We don't know how this could be. We have a valid reg on the Subaru starting in 2016 and paid bills to tax collector for Subaru too.First: If our insurance lapsed, how could we have a valid CT reg still? Second: I am also making car payments on the Subaru. Would not the finance company be told if our insurance lapsed?
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Answered in 53 minutes by:
3/13/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 523
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am very sorry to here of your situation; it must be incredibly frustrating. If you called your insurance company and provided all the information on the Subaru to add it to your policy and were told it was so added, I would suggest a formal letter to your insurer identifying - to the extent you can - the time and date of that call, the representative's name (if you noted it), that all information about the Subaru - make, model, year, VIN - that was requested to add it to your policy was provided and you were assured it had been added and the Honda you were trading in would be removed. There is certainly a burden on you to check when you receive policies and statements that the information is correct I could not tell from your situation how long since you made the car switch to even know if you would've received a new policy or a premium statement yet), but the insurer also has some responsibility for the representation of its agents. This is particularly true where, as here, they continued, presumably, to collect premium payments on a car you informed them was being traded in and in which you had no more insurable interest. Since the actually policy did not lapse, it is unlikely there was any triggering event that would have resulted in the insurer notifying the state, and if the car was never added, the insurer may not have had any record in its files such that notice to any lien holder (finance company) would have occurred. Though those are legitimate points if you had no insurance, where you did have insurance just on the wrong vehicle it may never have been reported. I believe it is worth a formal request to the insurer, taking the position that it was their error and not yours that caused the vehicle not to make it on your policy and indicating that if they continue to deny coverage you will have no option but to seek return of premiums on the Honda that you directed them to remove and to consider whether the handling of your policy and this claim amount to bad faith. Regulations on insurers are relatively stringent and they owe certain duties of care to their insureds. Again, I am so sorry you are dealing with this and hope you can resolve it quickly.

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Customer reply replied 1 month ago
Hi Wendy, I thank you so much for that detailed answer. We traded in the old for the new car in June 2016.
I have a few questions if that's ok.
I am99% sure it was me who called but did note now the date or agent. I have no proof at all. Its just that every time we trade a car every 3 years, I an the one to call insurance. So the lack of proof is issue1. Issue 2 is this: why then would my Ct reg show this car in good reg standing right now if it was not insured?

On the insurance and registration issue, I am not located in Connecticut but have reviewed their registration requirements. It is very possible that when registering the new vehicle all they look at is a valid proof of insurance and do not necessarily compare the VIN of the auto you are registering with the policy vehicle listing. I cannot be certain of that but if you had something that you provided to them that did have the Subaru VIN - an insurance ID card for example - that would go a very long way in putting pressure on the insurance company.

On the issue of calling, I understand not having noted all the details - I also fail to do so quite regularly for myself even though I advise others to do it all the time. That does not mean you do not have any proof. What you would be able to provide - if it came to it - is sworn statements that you have routinely been the one to handle insurance matters, that you called at or around the day on which you purchased the Subaru and traded in the Honda and provided all necessary information to the insurance company, as you always had in the past. That you were told you were all set. That with all past vehicle changes with the insurer, this is how you always handled it and they policy was always properly changed. That you had no knowledge of the insurance company's failure to make the change requested and would now ask them to honor the change they verbally told you had been made. Your pattern of handling such changes the same way in the past is helpful support for the fact that you likely would've done the same this time too.

Attorney Wendy
Category: Legal
Satisfied Customers: 523
Experience: Member at Keefer & Keefer LLC
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Customer reply replied 1 month ago
OK, I am with you. On the insurance proof w/ VIN given the insurance company, when we bought the car, there is a document stating that Subaru arranged insurance with Met Life on the new Subaru, with the VIN. So it started that way, 6/2016. But that doc also says that that insurance expired 3 months later? Does that sound typical? That procedure I don't remember in general. I recall a 90 day reg and would have to go to DMV for real reg, but temp insurance with the same compan
y we had the Honda on? Why would that expire anyway? And, still Met Life apparently has no knowledge of ever covering the Subaru even though dealer's doc proves that, and I sent that today. Thank you so much. I am really scared bc I had an accident in the Subaru Sunday and this is rather complex. T
Joycelaw
Joycelaw, Attorney
Category: Legal
Satisfied Customers: 114
Verified
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That does seem very odd with the Met Life 90-days of which they have no record but the dealer's records reflect that. I would just stick to your guns on the fact that you called to change it and believed from that time forward it was covered on your existing policy. Best of luck!

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Customer reply replied 1 month ago
I just want you to knowthat we won or dispute with the insurance company. You were the greatest help in this and a huge part of the reason. My contacts with you on the web and the phone gave me the confidence to soak to this on the phone and defend us in this complex situation and we won. They will Cover everything. Thank you and bless you!

I am so very glad you got such a wonderful result and thank you for letting me know.

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