Legal Question in Personal Injury in California
Auto accident, car totalled, insurance policy lists me cancelled
I was rearended by a large suv and pushed into a truck. My car is a total loss per my auto insurance company. However, I mailed them my payment last weekend but they have not received it and list me as cancelled. The suv that hit me was not significantly damaged, nor was the truck she pushed me into. My car has major damage to both ends, engine will not turn over and no electrical power is working. There was damage done to the interior from the impact as well. Kelley Blue Book value of my car is $4500 retail or $2900 to a private party. Myself and my 6 year old son were in the car and went to the hospital. Our injuries were minor but required evaluation. There were 2 car seats in my car also. If my insurance policy is indeed cancelled how should I proceed? My car is not driveable at all and has extensive damage.
2 Answers from Attorneys
Re: Auto accident, car totalled, insurance policy lists me cancelled
Did you get a letter from your insurance carrier that your policy was cancelled? If not, they are wrong in cancelling your policy and you may consult a lawyer for a possible bad faith and breach of contract lawsuit.
Assuming your policy was cancelled, you can still get the damages for your car as well as your hospital bills taken cared of. Feel free to contact me should you have any question.
Re: Auto accident, car totalled, insurance policy lists me cancelled
Your scenario requires additional facts: 1) was the payment you made on time or was it to make up for being late before; 2) had they sent you a cancellation and policy reinstatement notice, rather than a reminder to pay -- that makes a world of difference; 3) did your insurance agent receive a copy of the cancellation notice; 4) did you ever receive a notice of cancellation (they're only required to mail it and -not- certify you received it).
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