Car insurance problems

   / Car insurance problems #1  

Alan L.

Elite Member
Joined
Apr 6, 2000
Messages
3,227
Location
Grayson County, TX
Tractor
Kubota B2710
My son and his girlfriend were in a serious accident Saturday. A bobtail truck ran a red light, she saw it and hit the brakes and fortunately she clipped the back wheel of the truck rather than getting T-boned. Air bags deployed, the car totaled, cuts and bruises but other wise fine.

Turns out the driver of the Uhaul truck (as used truck not owned anymore by Uhaul) is uninsured. Fortunately she had full coverage - switched to this ins co on 10/6/09, received her thank you letter, thanks for the payment etc. This particular ins co only takes payments by charging your bank account directly.

Called Saturday and gave details to the ins co about the wreck, was promised a return call. On Monday 11/2 she received in the mail a letter, postmarked 10/27 that said the routing number they had for her bank debit was wrong and they her insurance is no good.

The routing number she gave them came from the bank and IS a valid routing number for THAT bank, just apparently not the one they used for that kind of payment.

Was told today tough luck - no coverage.

It is unbelievable to me that for something as important as cancelling policy the insurance co would not have known way before 3 WEEKS that their bank debit didn't clear, and when they found out it seems regular mail not be the way to inform the customer of the problem.

This is a 25 year old girl driving an 8 year old Accord worth about $5K, going to school to be a court reporter, working nights as a waitress, trying to make it on her own. She did everything they asked and assumed she was covered for nearly a month. This really pisses me off, I can't believe the ins co can get away with this. This insurance company has tons of national commercials which would indicate they have a physical presence, but turns out there is no where to go and speak with anyone - it is strictly phone and internet - a vapor insurance co.
 
   / Car insurance problems #2  
Ooh, that's a blood boiler for sure. Glad there were no serious injuries.

If she has the letter that says thanks for the payment, you would think taking that to the state insurance commision would be a good step. Given there are no serious medical bills and the value of the car is low (not saying the value to her was), I don't see how hiring a lawyer would make any financial sense fighting the insurance company. Maybe sue the other driver in small claims court?
Dave.
 
   / Car insurance problems #3  
Absolutely, get all the information to the state insurance commissioner. I'd also get some confirmation from the bank that they gave the correct number to the insurance company. I'd also find out from the bank what contact they had with the company between 10/6 and 10/27, seems like over a 21 day period if the charge didn't go through, something would have happened between the two.
 
   / Car insurance problems
  • Thread Starter
#4  
I don't think the bank dealt directly with the ins co, rather she called the bank, got the number, and gave that to the ins co. It was a valid routing number but apparently the wrong one to use for ins premium or other regular payments. The ins co's position apparently is, you didn't give me the right number.

But they should have known that pretty much immediately. I suspect what happened is they sat on it a few days before even attempting to make the draw on the bank. Then when the bank rejected it, they sat on that for a week or two before getting around to sending a letter they knew might take several days for the customer to receive.

When I buy a new car I call the agent and am told its covered. That to me is a binder, a temporary policy until finances are finalized. I don't see how there would not have been coverage. Its not like she wrote them a hot check. She has a valid bank account, it had the money in it for the premium, there was just a mistake made in the paperwork.

I did locate and download complaint forms from the Texas Dept of Insurance. I know this can't be the first time this has happened - can't believe they can get away with it.

By the way, when my son called to correct the routing number they were happy to have it apply back to Oct 6th until they found there had been a claim filed. So, if there is no claim you are covered retroactively (so they can charge for that period) but if there is a claim, oops, you aren't covered.
 
   / Car insurance problems #5  
30 or so years ago I had a similar problem with a check I wrote to an insurance company which they did not cash for 3 weeks, during which I had a fairly serious accident. They ultimately cashed the check, but tried to deny coverage, and one letter from a lawyer got them to re-think that position.

It might be worth paying $1-200 to get a lawyer to write to them. They don't have to know that all you retained him for is to write that letter. They respect attorneys, all others are treated like trash.
 
   / Car insurance problems #6  
Insurance Companies often only act when compelled...

You may very well have to sue them to collect... my brother did and they settled for something like 80k... we are not lawyers... he paid a friend of mine, who did not want to take the case $200 to prepare the court papers... my brother filed it himself and all of the sudden the Insurance Company was hounding him to settle... where before they would not even return his calls.

Do you have a consumer reporter in your area?
 
   / Car insurance problems #7  
Definitely call, don't write, the State Insurance Commissioners office. This is exactly the type of situation they are there for. Sometimes all it takes is a call from their office to the insurance company and the problem seems to go away.

MarkV
 
   / Car insurance problems #8  
Definitely call, don't write, the State Insurance Commissioners office. This is exactly the type of situation they are there for. Sometimes all it takes is a call from their office to the insurance company and the problem seems to go away.

MarkV

This worked for me with a situation that was a lot less shady. I would recommend it.
 
   / Car insurance problems #9  
I don't know about the laws in your state, but here if you do not make a payment on your insurance policy, it is still good until the company mails you a letter telling you that it is cancelled.

One of my friends had a wreck and had let his policy lapse because he forgot to mail the check. His lawyer found the regulations that state that his policy remains in effect until he receives notice from the company that it is cancelled. His claims were paid in full.
 
   / Car insurance problems #10  
As others have said talk to the Insurance Commissioner.

received her thank you letter, thanks for the payment etc.

Sounds like to me she had proof of insurance. Did she have the card from the insurance company that is used for proof of insurance in case she was pulled over by a LEO? The documentation should be presented to the Insurance Commissioner.

In NC the insurance company has to give you noticed that you will be without insurance on a given date. I think we get 30 days. Your state might have something similar....

And the Insurance Commission is the place to start. :)

Good Luck,
Dan
 
 
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