What is the name of your state (only U.S. law)? WA
I met into an auto accident few weeks ago around 5 A.M., I hit someone else's car on the way to buy breakfast. No one is injured, the other car is barely damaged but my car suffer quite a damage. I called up my insurance agent right after they open and ask my insurance agent if I my car is liability / full coverage since I wasn't sure. My agent told me that I have full coverage. I called just to make sure that I have a full coverage before I decide whether I want to repair my car out of my own pocket or I want to use the insurance. After that, I brought my car the the body shop to get an estimate. The estimate cost around $8,000 then I called up my agent again to tell her that I met into an accident and I want to make a claim.
After I talk to my agent, I call up the 1-800 number for the claim center, they told me that they can't find my policy number but they did write down all the details about my accident. Few days later,they told me that my insurance has been cancelled since February. After going back and forth, they finally told me that my agent wrote the wrong information for my auto debit payment earlier this January when I transfer to this agent from my old agent (my old agent office was closed down so they transfer me to this new agent). I remember that I did sign a few paperwork but my agent was the one that fill out the paperwork and I didn't review it so I didn't know that the credit card information was wrong. The claim center also say that they did send me a notice that my policy has been cancelled since February but both me and my agent were never notified nor received it.
Now, they are denying my claim. I was thinking of bringing this to a small claim court. The maximum amount I can sue them in small claim court is $5,000; still not enough to cover the damage to my car but better than nothing. Do you think I have a valid reason to sue my insurance company through the insurance agent? I cannot sue the main insurance company (Farmers/Bristol West) directly since they are not based in Washington or should I sue my insurance agent for giving me the wrong information since when I called them up the first time, my agent told me that I did have full coverage on my car. Thanks in advance for your response.
I met into an auto accident few weeks ago around 5 A.M., I hit someone else's car on the way to buy breakfast. No one is injured, the other car is barely damaged but my car suffer quite a damage. I called up my insurance agent right after they open and ask my insurance agent if I my car is liability / full coverage since I wasn't sure. My agent told me that I have full coverage. I called just to make sure that I have a full coverage before I decide whether I want to repair my car out of my own pocket or I want to use the insurance. After that, I brought my car the the body shop to get an estimate. The estimate cost around $8,000 then I called up my agent again to tell her that I met into an accident and I want to make a claim.
After I talk to my agent, I call up the 1-800 number for the claim center, they told me that they can't find my policy number but they did write down all the details about my accident. Few days later,they told me that my insurance has been cancelled since February. After going back and forth, they finally told me that my agent wrote the wrong information for my auto debit payment earlier this January when I transfer to this agent from my old agent (my old agent office was closed down so they transfer me to this new agent). I remember that I did sign a few paperwork but my agent was the one that fill out the paperwork and I didn't review it so I didn't know that the credit card information was wrong. The claim center also say that they did send me a notice that my policy has been cancelled since February but both me and my agent were never notified nor received it.
Now, they are denying my claim. I was thinking of bringing this to a small claim court. The maximum amount I can sue them in small claim court is $5,000; still not enough to cover the damage to my car but better than nothing. Do you think I have a valid reason to sue my insurance company through the insurance agent? I cannot sue the main insurance company (Farmers/Bristol West) directly since they are not based in Washington or should I sue my insurance agent for giving me the wrong information since when I called them up the first time, my agent told me that I did have full coverage on my car. Thanks in advance for your response.