Legal Question in Technology Law in California
online payment was recieved, and confirmed; insurance was cancelled after placed
I paid my car insurance online. The online account summary said that I owed 130.00. So, thats what I paid. The payment was accpeted and I recieved an email confirmation that which stated that my insurance was reinstated as of 6/6/02 at 12:01 AM. Unfortunately I got into an accident on 6/6/02 at 6:30 PM. I should of been covered for 7 hours before the accident. But my claims was denied. Now the insurance company is saying that I was never covered b/c I only made a partial payment. They say i should have paid 154.02. And that i should'nt have relied on my account summary provided online. (Then whats the point of having the website) This cant be fair. I am being sued by the person I hit and I am introuble. Also they kept my money and the 5.00 online payment fee. The websites disclaimer says that insuresuite.com only provides information. So who's fault is it if the information is wrong. And why did they send me an email confirmation.
1 Answer from Attorneys
Re: online payment was recieved, and confirmed; insurance was cancelled after pl
Web site contracts ("click-wrap" contracts) are valid according to most courts. The fact that you have the confirmation is excellent evidence in your favor. However, an attorney will have to review your documentation to determine your substantive rights.
You need to consult with an attorney immediately. My firm has experience with both click-wrap contracts and insurance law. Feel free to call me at (650) 798-2418.