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Can i sue my insurance agent because of false info on what my coverage covered

Stevenson Ranch, CA |

my agent told me my insurance covered motorcycle if stolen it would pay of the loan and replace bike of fair market value .then bike was stolen and i called her and she told me the same thing .but this is not what i had state farm told me they only pay fair market value of bike and not pay off the loan and i would not be getting a replacement bike ..so can i sue here for false info on what coverage i had and what it covered.i was mislead on what i had for coverage.and why dose the insurance company get to keep the bike if i still owe money on it .they only gave me what fair market value .i still owe 3000 .

state farm they did what they were paid to do .it was my agent who told me i had coverage that i didnt have .she said that my full coverage would pay bike off and replace it with one of what ever fair market value was at the time .and that wasnt what it dose at all i .if i was told the truth i could of made sure i had better coverage to cover my ass.but i was lead to think i was just fine so sebastian they sent the check to the loan company not me if they would of sent me the check i could of at lease got another bike and it wouldnt be so bad making payments on nothing

Attorney Answers 2

Posted

There is often a dispute between what a client thought they had in coverage and what the client's policy actually covers. Anyone can sue anyone else for anything in the U.S., but that doesn't mean they will win their case. In this situation, the claims agent can stand behind the policy that you bought and the coverage explained in the policy booklet to bolster his or her argument that if you had read your policy coverage explanation, you would have known exactly what the policy covered. That doesn't mean that your agent may have misled you or misspoken or even sold you the wrong type of coverage by mistake. However, it will be difficult to win such a case as yours. Since the coverage you were actually given did not cover what you owed on your bike, the insurance company only has to pay you the market value of your bike on the day it was damaged and they have the right to then sell the bike for salvage. With the money you receive, you are meant to be placed in the same position you were before, and able to buy the same year bike with the same mileage. The trouble with that is, as you have found out, is that you still owe money on the bike that was damaged. This is where the typical insurance policy simply doesn't cover all of a person's loss, especially when the value of vehicles depreciate. To be fully covered, a person has to purchase the type of insurance that, in addition to providing liability coverage for accidents, covers the amount of the vehicle loan and not just what the vehicle is worth. Car dealers will often sell this type of policy and then, unfortunately, sometimes people think they have bought liability insurance when the only thing they've covered is the payoff on their vehicle.

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Posted

Before you sue her try working with her to have State Farm pay. Insurance companies often deny claims initially but later cover them. Work with her and see what happens. If they do not pay ask your agent to pay. If she does not, then you can file a small claims suit.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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