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D

debrn

Guest
What is the name of your state? California


I contacted the California Department of Insurance regarding the circumstances set out below. They stated they could only make a determination in reference to cancellation. If cancellation notification was performed within 10 days, then correct. The insurance company provided employee logs as proof of mailing.

My logs (written on calendar) of repeated faxings are not considered proof (only my word against theirs) according to the Department of Insurance.

After reading my appeal, would you recommend small claims action on my part? Or, is it simply that the insurance company can bill any amount they want and the consumer must comply even if incorrect?

I have copied my appeal below:

On June 18, 2002, I purchased insurance with California Automobile Insurance Company for a total premium of $895.00. I paid, on 6-18-02, $275.70 via my MasterCard. My monthly payment was to be approximately $140.00.

On July 17th, 2002, we were notified of an increase, a monthly payment of $199.00, $1129 for the total premium. This increase was due to alleged non-submittal of good grades and record of previous insurance.

We faxed and telephoned repeatedly, over and over again, to employee, Chris of AMSG, to make sure they received the required documentation and thus a reduced policy equal to the amount originally contracted for. Eventually, after many re-faxings, they said they had our faxes in their possession.

However, I was billed again the $199.00 a month in August, 2002. They also demanded past amounts which included the erroneous higher premium amounts to be paid.

I paid $317.30 via my Master Card on August 14, 2002. We continued to telephone AMSG to get the correct premium amount and our account adjusted accordingly. No surprise to us, they said they again couldn’t locate the documentation and we re-faxed.

Another revised policy was mailed September 13, 2002, reducing our policy to the original amount of $895.00. The balance left owed is approximately $303.00. They said they cancelled my insurance on September 7th, 2002.

This cancellation notice was not received by me until later in October after my daughter had an accident on October 13, 2002. Coverage of the accident, claim #vw007543-51 was denied.

Points to note:

1. I have paid a total of $593.00 against a premium of $895.00. That amount was paid by August 14, 2002. Coverage began June 19, 2002 and expired on December 19, 2002. Thus, there were four additional months left to pay $303.00.
2. I did not receive notice of cancellation until after the accident.
3. You will note that I was cancelled before the corrected policy was even mailed (September 13, 2002).

Sorry this is so long. Any help would be appreciated.
 


lwpat

Senior Member
You need to file a lawsuit against the insurance company. You did not state the $$ of the accident. If it is minor then you can file in small claims court. If not then you will have to file in circuit court.

If there was another vehicle involved you can expect to receive a lawsuit from them. I would suggest that you immediately consult with an attorney. Use the button above or email me for more references.

Next time you buy a fax machine get one that prints out a report.
 
D

debrn

Guest
Yup, you were right

Hey Iwpat, thanks for your reply.

Just received a collection notice from the other car's insurance company - $4800.00. Estimate to fix my daughter's car is between $8,000 and $10,000. Actually the car belongs to my X-husband.

My financial situation is quite tight. By occupation I am a Critical Care Nurse; However, I have been disabled on workman's compensation since December 2002. I am scheduled for surgery May 23. This will only be the first surgery. I'm stating this because I don't have extra money for an attorney.

I was thinking I could waive the amount over $5,000 in small claims. Or, I could represent myself. My X intends to sue me for the damages to his car.

So, any more thoughts or suggestions are most appreciated.

Deb
 

lwpat

Senior Member
The advice I may give you will be too specific for this forum. I am not an attorney and can only post general information on a public forum. I will need to know your daughter's age and who has legal custody. Was there any written agreement regarding the use of the car?

I know you state that you do not have money for an attorney. Do you have the 15,000 to pay the claims? There are some other alternatives depending on your individual situation. What is your city and I will try to provide some local legal resources that may be able to help. This is not something you need to try on your own especially considering your health.

My email is [email protected]

NOTICE* The author of this post is not an attorney.
The information presented here is the result of the
authors research and thirty years experience in the
legal codes, cases and practices of the States of
North and South Carolina, and the county in which
author resides. Be advised the legal codes, cases,
and practices of any other state or county may be
the same or could vary greatly. If you need legal
advice contact an attorney.
 

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