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Car Insurance Coverage

Discussion in 'Accidents, Injuries, Negligence' started by Kevin shoup, Jul 7, 2019.

  1. Kevin shoup

    Kevin shoup Law Topic Starter New Member

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    So I was hard on cash for a month and was late on my car insurance payment. I had until the 23rd to make and payment. I made a payment at 11:59 on the 23rd which processed on 12:00:04(I called the insurance company to find the exact time). I received a receipt of payment email and didn’t think anything of it. The next day I got into an accident that ended up totaling my car(2019 Jetta). When I called to make a claim on it I was told that my policy had been canceled. I didn’t receive an email saying it had been canceled until after the accident happened. Had a received an email the day I made the payment I could have reinstated the policy with no loss of coverage or fees and I wouldn’t have an issue, but I didn’t get the email until 2am on the 25th, which was after the accident. Do I have any recourse or am I stuck paying on this car that is totaled. Any help/advice would be amazing. Thank you!
     
  2. adjusterjack

    adjusterjack Super Moderator

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    AM or PM.

    PM or AM.

    Getting the email and having it sent to you are two different things. What were the send date and time?

    There is a page (or two) in your policy that addresses cancellation. I would have to read the whole thing before commenting. Scan it and upload it here.
     
  3. Kevin shoup

    Kevin shoup Law Topic Starter New Member

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    It was 11:59 pm and 12 am. I attached the emails and will get the cancellation
     

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  4. Kevin shoup

    Kevin shoup Law Topic Starter New Member

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    Because the policy was canceled I can’t seem to find a copy
     
  5. flyingron

    flyingron Active Member

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    If the termination was for anything other than non-payment, would require prior notice. The termination for non-payment is based on what it says in your policy. They don't necessarily have to tell you that you aren't insured anymore if you don't pay.

    The question is whether acceptance of the late payment and their acknowledgment of that didn't acquiesce over the late payment. I'd be working my way up the Progressive management.

    See here: Lapse in Insurance Coverage - Insurance Lapse
     
  6. adjusterjack

    adjusterjack Super Moderator

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    One of the most important documents you'll ever have in your life and you can't find it? Yikes.

    Maybe you can get it from Progressive. I can't comment on it without reading it.
     
  7. Kevin shoup

    Kevin shoup Law Topic Starter New Member

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    Found the policy info.
     

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  8. adjusterjack

    adjusterjack Super Moderator

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    FlyingRon turns out to not be correct. Notice was indeed required for a non-pay cancellation.

    See the third paragraph under the word Cancellation:

    Did you receive notice that your policy WILL be cancelled in ten days if you don't pay?

    Perhaps at some time prior to the 23rd with the 23rd as the deadline?
     
  9. Kevin shoup

    Kevin shoup Law Topic Starter New Member

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    I checked and I did get an email saying that they needed to have payment by the 23rd.... they said that it didn’t matter that it was 400th of a second after midnight.... on the payment history it even has the payment processing before the cancelation
     

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  10. flyingron

    flyingron Active Member

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    I didn't say notice wasn't required. I said it was as stated in the policy. If it had been for reasons other than that, there's a statutory 20 or 30 day (depending on the reason) notice requirement. For nonpayment, it's only governed by the policy.

    Did they send you a prior notice of cancellation than the one you received Saturday?
     
  11. mightymoose

    mightymoose Moderator

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    Hmm... Wouldn't it also be relevant whether or not they have accepted the payment that was made?

    Was the payment refused/returned?
     
  12. flyingron

    flyingron Active Member

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    That was my point in the first post.
     
  13. adjusterjack

    adjusterjack Super Moderator

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    Right. Sorry. I read the two sentences wrong.

    When, exactly was THAT email dated?

    That's right.

    Not necessarily. Payments go to different departments than underwriting. An acknowledgement of paying is not an acknowledgement of coverage.

    It should be, eventually.
     
  14. Kevin shoup

    Kevin shoup Law Topic Starter New Member

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    The payment hasn’t been returned and that email was dated the 7th.
     
  15. Zigner

    Zigner Well-Known Member

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    Oftentimes policies will contain a provision that acceptance of a payment after cancellation doesn't not mean that reinstatement is automatic.
     
  16. adjusterjack

    adjusterjack Super Moderator

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    Did you ask for it?

    With what response?
     
  17. Kevin shoup

    Kevin shoup Law Topic Starter New Member

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    They said that covered my may payment(which would cover June) and that was owed so I don’t get it back
     
  18. Zigner

    Zigner Well-Known Member

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    If your car was financed, it's possible that the lender will place insurance on the car and charge you (at highly inflated rates). If they do that, then you'll only be out that payment amount instead of the full amount of the car...lucky you!
     
  19. adjusterjack

    adjusterjack Super Moderator

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    But not all of June. Given the final deadline date my guess is that your May payment was due about May 13 and somewhere around June 13 you were emailed your 10 day notice of cancellation for non-payment.

    You were covered until midnight of June 23 so, yes, you did owe for that period.
     
  20. Kevin shoup

    Kevin shoup Law Topic Starter New Member

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    The payments were scheduled for the 25th of every month. When I renewed the policy it was on March 25th
     

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