interesting case

New York state

I am an MBA student and a Italian citizen. Last summer (from 10June to 20 Sept. 2002) I went back home for a summer internship. Once back in the US for the second year of the program, the very first day (21 Sept. 2002) I had a minor collision in the parking lot on campus. I and the other car driver were pulling back backward concurrently. As the damage for me was minimal and for the other driver's very limited, we did not call the police and only exchanged our insurance data. Once back home I discovered that my insurance company had discontinued my policy! This, starting the very 21 sept. at 12.00a. The reason? When I bought the the policy, the agent convinced me to buy a second line of insurance bundled with the main car insurance at a price lower than the car insurance alone. I paid both premium with one check. After six months, they sent me two new separate bills (for the car insurance that I regularly paid and for the bundled insurance that I did not want to renew). They allege that this fact disqualified me for a cross selling discount that increased the premium on the main car insurance by some 22 dollars. They sent me three letters requesting this payment. This happened bw 10 June and 21 Sept. I could not read them because I was in Italy.
I ask: why they did not contact me between 1 April (first day of the second semester) and 10 June? They had two months to tell me that my premium was increased by 22 bucks; do they have the right to discontinue a policy whose entire annual premium was already paid at 97%?
Two additional issues:
1) being that I and the other driver were pulling back concurrently, shouldn't be 50%-50% fault under the comparable negligence rule?
2) the other driver insurance company want that I pay $1,200+ !?
They estimated 750 for repair costs (the other driver car was a wrack), 250 of car rental (why not buy him a cruise?) and 250 of deductible (why should I pay for the other driver deductible?)

In Italy, I know I would have a case against all these people, we have a rule called mitigation of the damage. But I don't know how these things work in the US.
What do you suggest me to do?

Thanks in advance for your help and advise

Alfredo

[HomeGuru]

Originally posted by scialabbaa1
New York state

I am an MBA student and a Italian citizen. Last summer (from 10June to 20 Sept. 2002) I went back home for a summer internship. Once back in the US for the second year of the program, the very first day (21 Sept. 2002) I had a minor collision in the parking lot on campus. I and the other car driver were pulling back backward concurrently. As the damage for me was minimal and for the other driver's very limited, we did not call the police and only exchanged our insurance data. Once back home I discovered that my insurance company had discontinued my policy! This, starting the very 21 sept. at 12.00a. The reason? When I bought the the policy, the agent convinced me to buy a second line of insurance bundled with the main car insurance at a price lower than the car insurance alone. I paid both premium with one check. After six months, they sent me two new separate bills (for the car insurance that I regularly paid and for the bundled insurance that I did not want to renew). They allege that this fact disqualified me for a cross selling discount that increased the premium on the main car insurance by some 22 dollars. They sent me three letters requesting this payment. This happened bw 10 June and 21 Sept. I could not read them because I was in Italy.
I ask: why they did not contact me between 1 April (first day of the second semester) and 10 June? They had two months to tell me that my premium was increased by 22 bucks; do they have the right to discontinue a policy whose entire annual premium was already paid at 97%?
Two additional issues:
1) being that I and the other driver were pulling back concurrently, shouldn't be 50%-50% fault under the comparable negligence rule?
2) the other driver insurance company want that I pay $1,200+ !?
They estimated 750 for repair costs (the other driver car was a wrack), 250 of car rental (why not buy him a cruise?) and 250 of deductible (why should I pay for the other driver deductible?)

In Italy, I know I would have a case against all these people, we have a rule called mitigation of the damage. But I don't know how these things work in the US.
What do you suggest me to do?

Thanks in advance for your help and advise

Alfredo

**A: in whose opinion is this case interesting?

[JETX]

"why they did not contact me between 1 April (first day of the second semester) and 10 June?"
*** There is no stautory obligation for them to contact you within that time period.

"They had two months to tell me that my premium was increased by 22 bucks;"
*** And how were they to know that you were out of the country and did not receive their notices?? And the responsibility is on you to arrange for someone to handle your personal and business matters while you are 'out of pocket'.

"do they have the right to discontinue a policy whose entire annual premium was already paid at 97%?"
*** Yes.

"being that I and the other driver were pulling back concurrently, shouldn't be 50%-50% fault under the comparable negligence rule?"
*** Depends on the actual facts and investigation as performed by BOTH insurance companies. But since you were uninsured, you are now going to have to 'represent yourself' in arguing any defense with the other drivers insurance carrier.

"the other driver insurance company want that I pay $1,200+ !?
They estimated 750 for repair costs (the other driver car was a wrack), 250 of car rental (why not buy him a cruise?) and 250 of deductible (why should I pay for the other driver deductible?)"
*** Because they have determined that you are at fault in this accident. That may or may not be true, and would require an experienced investigation of the facts...... that would normally have been done by YOUR insurance company.

"What do you suggest me to do?"
*** Depends on your accident investigation, damage appraisal and legal abilities. I would try to negotiate some type of settlement (including a release of personal injury claims) and pay it. If you don't, they will very likely take legal action against you and then you will also have to pay their legal expenses, if they prevail.