Legal Question in Insurance Law in California

Bad faith conduct from big name insurer

I got into a car crash with the other party at fault. My insurance is full coverage and i always pay it. I suddenly get into a crash and find out i have been cancelled and have no insurance. I never got 1 notice or phone call although they have my phone number. It was cancelled 3 days previous to the crash. I feel i have been cheated and now have no insurance and posibble repo of my wrecked car. they even filed a claim when i called, then they never called back until 5 days later asking my address and saying they are gonna investigate..it took 2 months and they have declined my claim, and now i have the other party's insurer calling me saying im at fault now...they even forged a document i believe to prove me wrong. help?


Asked on 12/28/04, 9:18 am

2 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Bad faith conduct from big name insurer

You have two issues - whether you were at fault for the accident and whether your insurance was properly cancelled. For now, its easier to focus on the second. Ask your insurance company for proof of mailing. Also, ask them the specific reason why your policy was cancelled. Different reasons result in different time frames. Also, there is usually a grace period for non-payment of premium. So, find out if you made a payment shortly after the cancellation. Once you have this information, you may need to consult with someone who has familiarity with this or call the Department of Insurance to file a complaint.

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Answered on 1/05/05, 4:03 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Bad faith conduct from big name insurer

One cannot answer your question from your brief summary. An attorney would have to look at your policy, your payment schedule, determine your whereabouts, who received your mail. Unfortunately, in CA, they only have to put a notice of cancellation in the mail, and certainly they're not required to make a phone call. (Wouldn't the world be great if people weren't playing "gotcha"?) It doesn't even have to be certified/return receipt. Feel free to call me at (310) 858-9771 to discuss. I have handled numerous cases like yours.

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Answered on 1/05/05, 6:40 pm


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