What to do if my insurer canceled insurance on the wrong car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my insurer canceled insurance on the wrong car?
My husband and I cancelled the insurance policy on our vehicle, which is no longer driveable. My new vehicle incurred water damage 3 days ago and needs repairs. It is a new vehicle with a loan still out on it. When I made the claim I found out my insurance canceled the policy to my new vehicle instead of the vehicle we asked to be dropped off of insurance. Now they will not cover the damages. What are my options? I am lost and don’t know what to do.
Asked on January 3, 2013 under Insurance Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you can prove that the error was your insurer's error--that is, you told them the correct car; and you have been paying all your bills on time--you may have grounds to force them to cover the loss. The policy is a contract, and if you have complied with all your obligations under it, the other party may not use its own error as grounds to escape its obligations. However, if the error was yours--you accidently provided the wrong car information; or if they sent you some confirmation of the cancellation which listed the car being cancelled, you did not catch that they were cancelling the wrong car--then the insurer would most likely not have to pay: they are entitled (or rather, required) to cancel coverage if you tell them do so.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.