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Can I sue my car insurance company (Farmers) for not disclosing a fee that they were charging on my premium?

Las Vegas, NV |

7 yrs ago a guy I dated in college for 3 mo,who drove my car and hit a pole. He claimed he would pay for it but didn't. I didn't have the money to pay, so I filed a claim. My insurance made me sign a Restricted Driver form saying I wouldn't allow the idiot to drive my car again, which I signed, and he's been listed on my policy as a restricted driver ever since. I had no idea I was being charged ALL THIS TIME for having him listed as a restricted driver until a week ago when I called in to have his named removed bc I was sick of seeing it on my policy. I was credited $81.63 and when I figured out they had been charging me I called to complain bc nowhere on my policy breakdown of premiums does it state that there has been a fee for a restricted driver. They won't refund me. What can I do?

My policy did not show him as "covered" it showed him as restricted. And I had to sign a form stating I would never allow him to drive my car again, which is why I thought his name was showing up on my policy as a restricted driver. In my breakdown of premiums, under the title of "other" there is no fee listed which I assume a restricted driver would be listed there if they were charging me for it. SO, there was absolutely no way for me to know that I was being charged for having a restricted driver on my policy. The point to my question I posted was that I thought there were laws relating to insurance premiums having to show the customer what they are being charged for, which in this case I clearly was not shown I was being charged for having a restricted driver. (And I've paid at least $1,148 for this over the past 7 yrs)

Attorney Answers 2


Why would they refund this?

As you stated, he was listed there on the policy until "you got sick of seeing it."

Your policy showed the coverage, and had the price. You had the coverage.

On top of that, the amounts involved would hardly justify the expenses of suing . . .

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You obviously didn't read my comment very well. Or at least you don' know that an average person wouldn't know that a restricted driver is considered "a covered" driver on a policy as the word Restricted clearly implies the opposite of being covered by a policy.


I agree with my colleague, the amount is so small that even if you were entitled to a refund (which you arguably wouldn't be since you had the coverage), it wouldn't be worth your time or effort to bring an action against them to get the money back. Based on the facts you provided, the coverage was listed so you would likely be held to have had knowledge that you were being charged for it. It is a good argument for having a regular review with your insurance agent to verify that the coverage you have is needed and appropriate.

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