Insurance Broker Negligence and Forgery

[Mattiep42]

What is the name of your state? South Carolina

My Insurance policy for my Cavalier was to be renewed on March 5, 2007. I contacted my Insurance broker because I recieved a quote from Geico that was far less then what I was schedualed to pay at my renewal. I asked for a more competitive quote for my next six month term on my Cavalier. They wrote up a new policy that was competitive and told me to mail in my first months premium and I could expect to recieve my coupons in the mail along with my policy information with the new insurance provider like I had been. I allowed my old policy to lapse. On May 13, I was pulled over for speeding and didn't have my insurance info in my car, and it occurred to me then that I had never recieved that info from my new insurance provider. I told the police that I would call my company and send it to them in the mail along with my ticket. When I got home I coincidentally had recieved a letter from my new insurance provider that said that my policy was terminated due to non payment. I also noticed that the policy that was terminated had been insuring a vehicle that I no longer had (Honda Accord), and my statements were sent to an old address attached to that file, thus my coupons and policy information was sent back to the provider and finance company. I called the finance company to verify the incorrect address the coupons were sent to and discovered that the broker had forged my signature on the finance agreement. Had the broker done thier job correctly I would have been able to verify the policies accuracy with my signature. The reason I am requesting advise is because the negligence on the brokers part as well as forgeing my signature could have been detrimental above and beyond the possibilties of me recieving a fine or losing my licencse when I show the judge that I was without insurance at the time of being pulled over. I am actually glad I was pulled over because the consequences of being in an accident could have been far worse. Can anyone help me in regards to this case? Is this worthy of a lawsuit and how should I proceed?

 

[moburkes]

What is the name of your state? South Carolina

My Insurance policy for my Cavalier was to be renewed on March 5, 2007. I contacted my Insurance broker because I recieved a quote from Geico that was far less then what I was schedualed to pay at my renewal. I asked for a more competitive quote for my next six month term on my Cavalier. They wrote up a new policy that was competitive and told me to mail in my first months premium and I could expect to recieve my coupons in the mail along with my policy information with the new insurance provider like I had been. I allowed my old policy to lapse. On May 13, I was pulled over for speeding and didn't have my insurance info in my car, and it occurred to me then that I had never recieved that info from my new insurance provider. I told the police that I would call my company and send it to them in the mail along with my ticket. When I got home I coincidentally had recieved a letter from my new insurance provider that said that my policy was terminated due to non payment. I also noticed that the policy that was terminated had been insuring a vehicle that I no longer had (Honda Accord), and my statements were sent to an old address attached to that file, thus my coupons and policy information was sent back to the provider and finance company. I called the finance company to verify the incorrect address the coupons were sent to and discovered that the broker had forged my signature on the finance agreement. Had the broker done thier job correctly I would have been able to verify the policies accuracy with my signature. The reason I am requesting advise is because the negligence on the brokers part as well as forgeing my signature could have been detrimental above and beyond the possibilties of me recieving a fine or losing my licencse when I show the judge that I was without insurance at the time of being pulled over. I am actually glad I was pulled over because the consequences of being in an accident could have been far worse. Can anyone help me in regards to this case? Is this worthy of a lawsuit and how should I proceed?

I cannot imagine what your insurance agent had to do with your finance company. I can't imagine why people think that insurance rates are negotiable, either.
Why didn't you pay to get a new policy started? That is all that matters here, unless you explain what the heck you're talking about, in regards to your ex-insurance agent and your finance company.

 

[Mattiep42]

At my renewal for my auto insurance I decided to "shop around" for a better rate on my premium. That's what Insurance brokers are for. When they found a competive price I agreed and submitted my first payment. The finance company was used by the broker in order to get me the best price for my insurance. The problem was that they insured the wrong vehicle and sent the payments coupons and policy info to the wrong address which could have been corrected had they not forged my signature on the policy agreement. I recieved the forged document from the finance company.

 

[moburkes]

At my renewal for my auto insurance I decided to "shop around" for a better rate on my premium. That's what Insurance brokers are for. When they found a competive price I agreed and submitted my first payment. The finance company was used by the broker in order to get me the best price for my insurance. The problem was that they insured the wrong vehicle and sent the payments coupons and policy info to the wrong address which could have been corrected had they not forged my signature on the policy agreement. I recieved the forged document from the finance company.

You are confusing insurance agent with insurance broker. Unless you paid this person a fee on top of the commission he receives for writing the policy, he is an agent. You are also confusing financing a vehicle with financing an insurance policy. When you finance the insurance policy it is called PREMIUM financing. They have nothing to do with getting you a better rate, unless you mean that it allowed you to qualify for a paid in full discount. Is that what you are talking about?

However, you are STILL responsible for knowing when your insurance policy is due. Even if the agent did something illegal, it doesn't make it a crime where you can receive monetary compensation. His problem will be with the legal system, but what you are saying that he did (which I still don't understand your explanation), did not cause you any harm.

 

[Mattiep42]

the agent(broker) whatever it is, took out a loan in my name (Forged signature) to do a paid in full to get me the discount. I AM responsible and should have contacted the agent about not recieving the coupons. I was absent minded and took it for granted the fact that they send me my bills when they are due. Although, there is damage if A. I go to jail. B. lose my license. C. have a felony on my records driving and personal, for thier illegal activity. Had I paid the insurance I STILL would have been uninsured because it was on the wrong vehicle.

 

[moburkes]

the agent(broker) whatever it is, took out a loan in my name (Forged signature) to do a paid in full to get me the discount. I AM responsible and should have contacted the agent about not recieving the coupons. I was absent minded and took it for granted the fact that they send me my bills when they are due. Although, there is damage if A. I go to jail. B. lose my license. C. have a felony on my records driving and personal, for thier illegal activity. Had I paid the insurance I STILL would have been uninsured because it was on the wrong vehicle.

Nope. The wrong vehicle is a mistake that is easily corrected. The fact that you made a down payment, and didn't make other payments is the problem. How do you know that he had to sign anything? You won't got to jail for this. You may lose your license. 3. You won't have a felony on your record. Bottom line is that only you are responsible for your premiums.

 

[Mattiep42]

He had to sign the documents, otherwise why would he have signed my name to them? I contacted the insurances provider and the finance company and recieved the forged documents from both. The insurance broker submitted all the info to the wrong address, and one month already paid on it. It's an easy fix had I recieved the information to sign off on and caught thier mistake whether that been at the time the policy was instated or in the mail.

 

[moburkes]

He had to sign the documents, otherwise why would he have signed my name to them? I contacted the insurances provider and the finance company and recieved the forged documents from both. The insurance broker submitted all the info to the wrong address, and one month already paid on it. It's an easy fix had I recieved the information to sign off on and caught thier mistake whether that been at the time the policy was instated or in the mail.

Report him to the department of insurance for your state. However, it does not change the problem or the answer that I've already given.

 

[ecmst12]

Where did you get the idea that driving without insurance is a felony?

 

[moburkes]

Where did you get the idea that driving without insurance is a felony?

The same place that she got the idea that she should sue for not keeping track of her insurance.

 

[Mattiep42]

I was told that driving with out insurance is worse then driving with out a licesnce. That's where I got felony from. Moburkes, I honestly would rather you not respond anymore because you have been very arrogant and rude from your very first post and I dont think your advise can go beyond that. I am just a simple MAN that's come for advice because I could face consequences (detrimental to my future) that could have been avoided had my insurance company not acted illegally. YES I didn't call them up after a month of not recieving my insurance coupons and ask them where they were. But for all I know they could have cancelled my policy after the coupons were mailed back with the wrong address, or maybe they discovered that I didnt own that car. I thought I had the same insurance on my last policy, so I wouldnt have imagined them putting it on another vehicle or address if I didn't ask them too.Nor would I have expected to have to sign anything. I don't get it, how there is no sympathy in this matter. Either way, it's very subjective as to how responsible I am in this situation.

 

[moburkes]

I was told that driving with out insurance is worse then driving with out a licesnce. That's where I got felony from. Moburkes, I honestly would rather you not respond anymore because you have been very arrogant and rude from your very first post and I dont think your advise can go beyond that. I am just a simple MAN that's come for advice because I could face consequences (detrimental to my future) that could have been avoided had my insurance company not acted illegally. YES I didn't call them up after a month of not recieving my insurance coupons and ask them where they were. But for all I know they could have cancelled my policy after the coupons were mailed back with the wrong address, or maybe they discovered that I didnt own that car. I thought I had the same insurance on my last policy, so I wouldnt have imagined them putting it on another vehicle or address if I didn't ask them too.Nor would I have expected to have to sign anything. I don't get it, how there is no sympathy in this matter. Either way, it's very subjective as to how responsible I am in this situation.

Please stop trying to read into what I write. I am an insurance agent who has responded to department of insurance complaints. Why? Because I understand insurance LAW, not because I'm being judgmental.

If I sold a policy on a wrong vehicle, then the insurance company is responsible for getting it corrected. The customer is NOT penalized for a mistake that I make. If a customer doesn't pay his premium, then the policy is eventually cancelled for nonpayment. REGARDLESS of the mistake that I make about the wrong vehicle. AND, if the insurance premium was LOWER on the wrong car, then that mistake only BENEFITS the customer even more. The insurance company will not suddenly discover that you don't own a particular vehicle, unless a claim is somehow filed. But, again, that mistake will not hurt you.

If your agent committed a crime, then report him to the police. That is a completely separate issue from the fact that you don't have insurance.

I don't know what more I could add, nor do I know anyone here more qualified to answer your questions. However, feel free to wait for their responses.

By the way, my responses are based 100% on facts. You are trying to join to completely different things together, which are unrelated. I haven't made a single judgment statement in my responses to you.

 

[Mattiep42]

then let me ask you this. If paid my insurance in full for six months, and had gotten in an accident. My vehicle would Not have been insured. Or, if I was pulled over and had to submit my insurance info to the court on another vehicle other then the one I had been pulled over in. In either of these cases, would I still be at fault?

 

[moburkes]

then let me ask you this. If paid my insurance in full for six months, and had gotten in an accident. My vehicle would Not have been insured. Or, if I was pulled over and had to submit my insurance info to the court on another vehicle other then the one I had been pulled over in. In either of these cases, would I still be at fault?

People ask this all of the time. You would have been covered. The insurance company would have, could have, and should have been sued, if they tried to deny a claim based on a mistake that their agent made. However, if the agent was actually a BROKER, then you might have had to sue the agent, since BROKER's represent the customer, and not the insurance company, but, then his E&O policy would have paid the claim.

 

[ecmst12]

I was told that driving with out insurance is worse then driving with out a licesnce. That's where I got felony from.

Wow that's a lot to read into an innocent statement. Driving without insurance is "worse" than driving without a license because it will cost you more money if you get into an accident. The ticket/fine may be higher also, but I don't know about that. But traffic violations, other than DUI or reckless driving (racing etc), are summary offenses, they're not even misdemeanors, let alone felonies. They go on your driving record, not your criminal record. So relax.

Personally, I'd go to this agent and tell him that you got a ticket partially because he screwed up. Accept responsibility for your part in it (failure to follow up when you didn't get the payment coupons) and ask him to split the cost of the ticket with you. Remember that this is not something you can sue him over; legally he's not responsible for YOU not following up on the missing payment coupons, so don't go threatening him with legal action. But you can ask him to do the morally/ethically right thing, which hopefully he'll agree to. And ask him why on earth he thought it was ok to sign your name to anything! And go from there.