Insurance payment late 1 day

[kbrassfi]

My name is Kirk, and I am in CA, I put my payment in the mail on 08-20-03, well the post office did not process it until 08-21-03. In the meantime Friday I was involved in an accident where a guy lost water out of his truck and I slid into him. So when I called my Ins on Sat morning 09-06-03, they told me that my ins was to be cancelled because I was one day late and they would not cover. Then today when I called back and spoke to their Legal dept. They stated now that they never received a payment. My question is what can I do, I have been with this Ins for nearly two years and have never had any problems with them until now. What are my options?

 

[HomeGuru]

My name is Kirk, and I am in CA, I put my payment in the mail on 08-20-03, well the post office did not process it until 08-21-03. In the meantime Friday I was involved in an accident where a guy lost water out of his truck and I slid into him. So when I called my Ins on Sat morning 09-06-03, they told me that my ins was to be cancelled because I was one day late and they would not cover. Then today when I called back and spoke to their Legal dept. They stated now that they never received a payment. My question is what can I do, I have been with this Ins for nearly two years and have never had any problems with them until now. What are my options?

**A: what was the expiration time and date of your policy?

 

[kbrassfi]

I'm sorry, what do you mean, the date the payment was due, or do I need to call them and see as of when they are saying it was cancelled?

 

[kbrassfi]

They are saying it was cancelled as of 08-20-03, even though they are saying it has to be mailed by 08-20-03. So I don't know what to do

 

[stephenk]

When was your payment supposed to be paid? On August 20? If yes, why did you mail the payment that day knowing it wouldnt get to the carrier for at least two days?

Did the carrier say they ever received your payment? Do you have a copy of the cancelled check?

 

[kbrassfi]

yes, On Sat the person I spoke with said that it had been received, but was postmarked one day late, then again this mornign said the same thing, they were supposed to return my call and never did, then when I called this afternoon, and spoke with the legal department, they now say they didn't get the payment. When I asked for a supervisor they said there was no supervisor there today, and would only transfer me to a voice mail. As far as payment goes, College Student=Tuition, I paid it on the day I could, which they said would be fine as long as was placed in mail on the 20th, and now they are not ok with it

 

[HomeGuru]

Ok based on the facts, the insurance company had every right to cancel your policy due to non payment. Since your insurance was terminated prior to the date of the accident, you were not covered, plain and simple. You must realize that student tuition payments are not the same as auto insurance as far as payments due by a certain date to avoid cancellation.

 

[kbrassfi]

so based on the fact that I was told this was fine by one of their representatives is not correct then, otherwise the payment would have been made before I bought books and everything else, as far as that goes if they say one thing then another how does that work. I mean I think I found the only industry worst than Lawyers when it comes to taking your money and screwing you. Please no more posts to this thread unless they are helpful, yeah payment was late, but based on fact of their word only. In other words if your only advice is that payment was late too bad, don't waste mine or your time

 

[HomeGuru]

so based on the fact that I was told this was fine by one of their representatives is not correct then, otherwise the payment would have been made before I bought books and everything else, as far as that goes if they say one thing then another how does that work. I mean I think I found the only industry worst than Lawyers when it comes to taking your money and screwing you.

**A: I resent that. Lawyers are the top 2 worst. Insurance companies are far down the list.
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Please no more posts to this thread unless they are helpful, yeah payment was late, but based on fact of their word only.

**A: their word only? Hey pal, did you read your insurance policy specifically the clause on termination of policy due to late or non payment? And I am sure that you got a warning letter or 2 in the mail regarding pedning cancellation due to non payment. And then there is this little known statutory thing called contract law. You defaulted and paid the price.
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In other words if your only advice is that payment was late too bad, don't waste mine or your time

**A: that's not my only advice. I have more advice. Here is more: you are screwed.

 

[kbrassfi]

I do understand contractual law, but I also understand through the Business Law classes I've taken is that there was an offer from me to mail it late, a consideration by the ins company, and an acceptance when they said that was fine. Do you understand contractual law? I came to this form to gather advice, not to be talked down to, if you need to talk down to someone to feel superior buy a Dog, don't hang out and bag on people looking for help. Hope you have a wonderful day, and that when you need help with something that someone is more helpful than you have been.

As far as looking at your post count, I would think that you could appreciate predicaments of life that happen, instead of trying to look down at someone , put yourself in that predicament "PAL" and try not to be so snobbish. As I am sure unless you were a rich kid, that you too once had to get through when going through college. Case closed, thanks Stephen for your help without being an Ass about it, like this joker

 

[HomeGuru]

I do understand contractual law, but I also understand through the Business Law classes I've taken is that there was an offer from me to mail it late, a consideration by the ins company, and an acceptance when they said that was fine. Do you understand contractual law? I came to this form to gather advice, not to be talked down to, if you need to talk down to someone to feel superior buy a Dog, don't hang out and bag on people looking for help. Hope you have a wonderful day, and that when you need help with something that someone is more helpful than you have been.

**A: ok, I reviewed your thread and you are absolutely correct. I was mistaken. The application of California business law trumps the contractual law in your specific case. Especially when the insurance company gave you consideration. Did you ever consider that consideration in this instance case is much more that the act of considering. Yes, maybe the consideration means something of value like money.
Since you have applied the law wisely, go ahead and sue your insurance company for $2.5 million based on various and sundry causes of action such as breach of contract, unfair and deceptive business and trade practices, fraud, conversion......and file Federal racketeering charges too while you are at it. Then after settlement, buy yourself a brand new SUV.
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As far as looking at your post count, I would think that you could appreciate predicaments of life that happen, instead of trying to look down at someone , put yourself in that predicament "PAL" and try not to be so snobbish. As I am sure unless you were a rich kid, that you too once had to get through when going through college. Case closed, thanks Stephen for your help without being an Ass about it, like this joker

**A: I worked and paid for my own way to college. And I also sent in my insurance payments on time.

 

[theother]

Did you ever consider that consideration in this instance case is much more that the act of considering.

Hee

Sorry to but in. Carry on.

 

[HomeGuru]

Out of consideration, let me reconsider that considering is much more that an act of consideration.

 

[theother]

Ha hee

Oh, just to be clear HG, I wasn't trying to make fun of you. I was just giggling over how he thought that the consideration was the company considering his offer and then your response made me snort milk through my nose.

 

[HomeGuru]

Ha hee

Oh, just to be clear HG, I wasn't trying to make fun of you. I was just giggling over how he thought that the consideration was the company considering his offer and then your response made me snort milk through my nose.

**A: I know. it's a riot.