maybe you can help?

[organicfrmr]

What is the name of your state? Oklahoma
In 2000, I was involved in an accident that was clearly my fault. I had insurance at the time but my company refused to pay because they claimed that my payment didn't get to them in time (the accident happened ON THE DAY it was to run out.) Yet I never recieved any cancellation notice and they can't as of this posting, produce a cancellation notice, and I just kept on paying my premiums for another year, they kept taking my money and nothing was ever said again.
Well the money I was paying to the other guys insurance company for the accident apparently wasn't enough, so they sued me. I went to my local Legal Aid, because I wasn't working, and told them the situation, and they agreed to get me a pro bono lawyer to 1.) get my insurance company to pay the claim (lawsuit) 2.) to prevent the other insurance company from taking my drivers licence (i have been a truck driver for 16 years) I have done everything the lawyer has asked me, including filling out interdegeratories till I was blue in the face, finding cancelled checks, reciepts, all the cost of copies and mailings of regestered mail,etc....this all happened 4.5 years ago, mind you. 2 days ago I recieved a letter from the State of Oklahoma that my drivers licence, regestration and plate to my vehicle are all suspended for non-payment. What? I didn't even know it went to court! Last I talked to the lawyer, which was about 4 months ago he told me he was waiting for october to see if they (?) would just dismiss it. (some type of time limit?) I never got a call, never got a letter from the lawyer, I was basically forgotten. He claims he tried to call me, didn't get ahold of me and forgot about it, is what happened. Now I have to come up with an outragous amount of money to give this insurance company to get my licence back so I can work. And this lawyer says oh we still have the lawsuit going aganist your insurance company. Well? This was suppose to have happened years ago!!!!! I have called Legal Aid but as of yet they haven't phoned me back. I swear I don't know what to do. Any help would be greatly appreciated.

 

[Lynx 36]

Insurance companies can deny your claim if your payment was not in on time.
Secondly, just b/c legal aid gets you an atty doesn't mean the atty can MAKE them pay anything. They have a right to deny the claim. What happened w/ your insurance is a "Lapse of Coverage". If your payment was 2 days late f/ example, you would have no insurance f/ those 2 days. When the check arrives 2 days later your coverage kicks back in so to speak. So you technically weren't canceled. That's why there is no letter.

Sorry f/ the bad news but this will be a tough one to win. Your insurance company will be able to provide proof the payment was not in.

Lawyers from legal aide, court appointed, etc. don't give a care about you. If you want a lawyer who will stand up f/ your rights then hire one and pay them yourself.

License suspension is the 1st thing to happen when an insurance co wants their money. Next will be garnishment of wages (if working), confiscation of personal property, bank accounts, litigation, more litigation. The license will be suspended until restitution is paid. Good luck.

 

[organicfrmr]

my ins. co.

My insurance company claims that they sent me a cancellation notice that I signed, but for some reason they can't cough it up. And of course I don't have a copy because they never sent it. There is no question that my insurance company is at fault, the lawyer for the insurance company that has sued me even said that I needed to get a lawyer and sue them for not paying my claim. The problem lies in the fact that my lawyer did nothing that he promised to do for me. And now 4 years later, the whole time I was thinking he was helping me, I find out he was doing nothing to help me, free or not he agreed to help me and I have a contract that I signed with the legal aid services stating that it was agreed by all parties that he was to bring a lawsuit aganist my insurance company and keep my licence from being suspended. I was told by Legal Aid to stop paying the other insurance company because I was bringing a law suit aganist my insurance company for payment. There was never a question on "if I'll pay" i paid faithfully for 18 months till I found out my insurance company was screwing me. I cannot afford a lawyer. Thats why I went to legal aid in the first place.

 

[Lynx 36]

If they denied the claim unfairly you could have a "bad faith" claim against them. That's why I said it would be tough to win. They usually don't deny a claim to an insured unless the have definitve reasons f/ doing so b/c of this. Winning a bad faith claim against an insurance company can usually result in a 6 figure payout. Consult w/ an atty not working f/ legal aid. If they feel you have a bad faith claim they will take the case on a contingency basis. Meaning if you don't win the case it won't cost you a dime, plus you would have much better representation b/c the atty would also get a big payout should you win. But I think it will be tough to do.

If your insurance doesn't have the cancellation notice THEY said you signed it is a strike against them. Try mentioning you are considering suing them f/ bad faith and they may cover you. Insurance companies hate those two words. The company I used to work for would usually cover a claim if the check was postmarked on or before the day of cancellation.

Also, if your just now getting sued f/ this 4 1/2 yrs later there could be a statute of limitations thing going on here. I am not a lawyer so not the best to answer that. In the state I'm in it is 2 yrs. Don't know about OK.

 

[organicfrmr]

Ok, thank you for your time and knowledge. This makes the situation even more complex though. Everyone says, (including both lawyers) that I have a case aganist my insurance company, yet no ones said anything about "bad faith". If it was a bad faith claim seems that I'd have lawyers knocking on my door! I will call another lawyer. consultations are usually free. They want your biz, and they will tell you up front if it's worth persueing, like everyone is telling me.
Again thank you so much, I hope I can return the favor to someone at some point in time down the road. Merry Christmas to you and yours.

 

[Lynx 36]

.......and Merry Christmas to you sir.