Legal Question in Personal Injury in California

We have Farmers Auto Insurance. On December 31,2011 our car was side-swiped in a parking lot while we were inside so we didn't see who did it and no note. I called the insurance company and told them about it. Meanwhile, on December 3 one of our payments was returned to the bank and an agent called me and I made a payment over the phone to replace the other one. The amount was 135.19 so I paid 160.19 (25.00 fee) . Yesterday the claims department called me to say that my policy was cancelled from December 29.2011 thru January 3,2012 and that we weren't covered at the time of the accident. I asked the gal if they had to rewrite the policy and she said no that it would continue. Since November 8,2011 we have paid them a total of 1,272.82. Don't they have to cover this if they accept the payment? When she called she wanted me to affirm it and I told her no, that I wanted to research it first. Can you tell me what I can do?


Asked on 1/12/12, 12:37 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Unless you received a written notice of cancellation, with an option to pay and reinstate, the carrier can not cancel the policy or disallow the claim. They risk 'bad faith' claim if they do. You may want to hire an attorney to help in this, if the damage claim is high enough to justify spending the attorney fees. If serious, contact me.

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Answered on 1/12/12, 3:03 pm


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