Legal Question in Insurance Law in Florida

auto insurance claim

i was invloved in an accident that was my fault. there was significant damage, some medical treatment, and an accident report was filed. the next day i called my ins co, state farm, to report the incident, and found out that they still had my insurance for a 2006 car. the car i had the accident in was a 2008 but the exact same make and model. the 2006 was traded for the 2008 9mths ago. somehow the ins did not get updated by the dealer and i do not remember completely if i called the ins co to update it. i think i did. currently it's under investigation by the claims dept. i have never neglected to pay my premiums and have been with them for at least 20yrs. if state farm denies my claim, do i have any kind of case?


Asked on 3/09/09, 8:49 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: auto insurance claim

It depends on a lot of facts, but you will have a tough time establishing coverage, especially if during the last 9 months you renewed your insurance on a car that you no longer owned.

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Answered on 3/09/09, 9:15 pm
Michael Tobin Michael M. Tobin, P.A.

Re: auto insurance claim

You should not have a problem. It is the bodily injury liability coverage that you paid for. It covers you in the insured vehicle or any other vehicle you might drive.If you show you sold the old and bought a new car of same make and model, State Farm has no reason to deny responsibility. Change your policy to reflect the substitution for future coverage.

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Answered on 3/10/09, 10:22 am


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