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obtain phone call from insurance company

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purplepuppy

Junior Member
What is the name of your state (only U.S. law)? CO

I signed up with a new auto insurance company in Febraury via telephone. I asked for full coverage as my car is still being leased. The quote they gave me was acceptable for full coverage and I paid down payment and signed up with them. I found out this month, that the entire time my coverage has been only liability and when I changed to full coverage they are advising me of an outrageous monthly premium that I would have never agreed to, I would have shopped around. I am assuring them that I requested full coverage from the start and due to their error I want my down payment refunded so that I can use it to go elsewhere as I have already recieved a quote for full coverage with another company that is far less than what they want to charge. They are basically treating me like I am crazy and made the mistake. When I ask for a copy of the intial sign up call, they say they do have it but I would need a subpoena to get a copy of it.

- How do I go about getting a subpoena for them to provide me a copy of the phonecall? Can I do it without a court judgement first as I of course would like to hear the call and decide plan of action.

- My leanholder of the car is how I found out about liability only insurance. They have added a insurance charge of $1400 to my car loan and raised my monthly payments based off the new balnace. Can I get the insurance company to give me this back as well for the timeframe it should have been fully covered assuming the call is exactly how I remember it?

- Any other advice would be awesome. thank you.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CO

I signed up with a new auto insurance company in Febraury via telephone. I asked for full coverage as my car is still being leased. The quote they gave me was acceptable for full coverage and I paid down payment and signed up with them. I found out this month, that the entire time my coverage has been only liability and when I changed to full coverage they are advising me of an outrageous monthly premium that I would have never agreed to, I would have shopped around. I am assuring them that I requested full coverage from the start and due to their error I want my down payment refunded so that I can use it to go elsewhere as I have already recieved a quote for full coverage with another company that is far less than what they want to charge. They are basically treating me like I am crazy and made the mistake. When I ask for a copy of the intial sign up call, they say they do have it but I would need a subpoena to get a copy of it.

- How do I go about getting a subpoena for them to provide me a copy of the phonecall? Can I do it without a court judgement first as I of course would like to hear the call and decide plan of action.

- My leanholder of the car is how I found out about liability only insurance. They have added a insurance charge of $1400 to my car loan and raised my monthly payments based off the new balnace. Can I get the insurance company to give me this back as well for the timeframe it should have been fully covered assuming the call is exactly how I remember it?

- Any other advice would be awesome. thank you.
The insurance company provided exactly what you paid for. What you paid for is clearly laid out in your policy documents. You are not going to get your down payment back.
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? CO

I signed up with a new auto insurance company in Febraury via telephone. I asked for full coverage as my car is still being leased. The quote they gave me was acceptable for full coverage and I paid down payment and signed up with them. I found out this month, that the entire time my coverage has been only liability and when I changed to full coverage they are advising me of an outrageous monthly premium that I would have never agreed to, I would have shopped around.
Your paperwork from them should reveal your coverage. It's your job to read it and make sure it's correct.

purplepuppy said:
I am assuring them that I requested full coverage from the start and due to their error I want my down payment refunded so that I can use it to go elsewhere as I have already recieved a quote for full coverage with another company that is far less than what they want to charge. They are basically treating me like I am crazy and made the mistake. When I ask for a copy of the intial sign up call, they say they do have it but I would need a subpoena to get a copy of it.

- How do I go about getting a subpoena for them to provide me a copy of the phonecall? Can I do it without a court judgement first as I of course would like to hear the call and decide plan of action.
Read this as a starter: http://contact.bellsouth.com/subpoena/

purplepuppy said:
- My leanholder of the car is how I found out about liability only insurance. They have added a insurance charge of $1400 to my car loan and raised my monthly payments based off the new balnace. Can I get the insurance company to give me this back as well for the timeframe it should have been fully covered assuming the call is exactly how I remember it?

- Any other advice would be awesome. thank you.
I highly doubt you will receive any refunds of any sort.
 

ecmst12

Senior Member
You have 60 days to cancel a policy from the inception date. If you are outside the 60 days, you can only cancel from the date of the request. And of course if you cancel from the inception date, you'll be uninsured from that date until whenever you buy a new policy. Full coverage can be expensive. You should have read your paperwork.
 

Dave1952

Senior Member
I think you will need to file a suit before you will be allowed to subpoena the insurance company's records. Your local court clerk should have the forms
 

justalayman

Senior Member
I think you will need to file a suit before you will be allowed to subpoena the insurance company's records. Your local court clerk should have the forms
why does she need their records?

as to the recordings of the phone call;

no proof there even was one. Making the statement: this call MAY be recorded for...


doesn't mean it WILL be recorded or it WAS recorded. If questioned, the un




PP

, if, by chance you get a full refund, realize you will have been driving your car without insurance until the lender put forced placed insurance on it. If that means a suspension of license or registration, well, I say, damn the torpedoes; full speed ahead. Go for the bucks and hope for the best.






Seriously, seek a refund of any unused funds. That way you will have had insurance from day one until current. Any forced place insurance I have been involved with sent a letter stating: if you obtain your own insurance, we will refund the unused portion of the payments. Did you get a letter like that? If not, call the insurance company. It is most likely the way they deal with things.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? CO

I signed up with a new auto insurance company in Febraury via telephone. I asked for full coverage as my car is still being leased.

The quote they gave me was acceptable for full coverage and I paid down payment and signed up with them. I found out this month, that the entire time my coverage has been only liability and when I changed to full coverage they are advising me of an outrageous monthly premium that I would have never agreed to, I would have shopped around.

I am assuring them that I requested full coverage from the start and due to their error I want my down payment refunded so that I can use it to go elsewhere as I have already recieved a quote for full coverage with another company that is far less than what they want to charge.

They are basically treating me like I am crazy and made the mistake. When I ask for a copy of the initial sign up call, they say they do have it but I would need a subpoena to get a copy of it.

- How do I go about getting a subpoena for them to provide me a copy of the phonecall? Can I do it without a court judgement first as I of course would like to hear the call and decide plan of action.

- My leanholder of the car is how I found out about liability only insurance. They have added a insurance charge of $1400 to my car loan and raised my monthly payments based off the new balnace. Can I get the insurance company to give me this back as well for the timeframe it should have been fully covered assuming the call is exactly how I remember it?

- Any other advice would be awesome. thank you.
You post is not clear to me.

Where you write, “my car is still being leased”, do you mean that you are leasing the car? Or that it is your car and you have rented it to a third party?

It only makes sense that you are the owner/lessor. Otherwise you would not be privy to or concerned about the actions taken by “my lienholder” (sic).

And assuming that you are the owner/lessor of the car, why didn’t you include the premium cost of full insurance coverage in calculating the lease payments?

Again assuming that you are the owner, wasn’t it rather foolish of you to permit someone else to use your car without first having in hand the normal documentation to prove that you had insurance coverage and that the lesse/operator was a named insured??????????

Particularly in view of your liability risks?

Because from what you are telling us it seems that for the purpose of any coverage at all you relied entirely on a telephone call!

If you think someone is treating you as “crazy”, they may not be too far wrong.

__________________

And as far as your legal rights, let me point out a fact of life.

If you should file a suit against this insurance carrier for whatever you think you are entitle to, rest assured that the defendant will produce in-house records showing the coverage exactly as they are now representing it; to wit; LIABILITY ONLY!

And if you think that you can convince a court that you were entitled to full coverage at a liability only rate, sans your ability to produce a written policy, then I wish you luck.
 

Zigner

Senior Member, Non-Attorney
I am curious why the OP ignored the warning letters from his finance company telling him he needs to abide by the terms of his finance agreement with regard to properly insuring the vehicle.
 

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