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My auto insurance company ignored the fact that the Traffic Court dismissed my case and my policy is very high. How to reduce ?

Miami, FL |

I was found at fault by the police officer in a very complicated car accident. Another car hit me in the rear while turning onto the secondary road from the state road(with limit of 45 miles per hour). I was on the secondary road at the time of accident.The other driver said he had to turn to avoid more serious accident while my claim was he couldn't control his turning to the right because of the speed. Unfortunately, I was under stress and made a very stupid thing - I moved my car from the road(just several yards) and the officer judged by the rule " the right of way". I appealed the case and the judge dismissed all the charges against me(4 points + traffic fine). My insurance company already paid $2200 for the damage and doesn't recognize the dismissal and my insurance is very high now.

Attorney Answers 5

Posted

Your question is in part governed by Fla Stat. 626.9541 which provides in part than an insurance company may not increase or fail to renew a policy solely for a traffic citation that was dismissed or nolle prossed. I suggest you get a certified copy of the disposition of your traffic case and send it to your insurance company with an explanation as to why you were not at fault in the accident. If that does not work consider talking to an attorney to explore other legal alternatives.

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Posted

So is your issue the jacked up premiums? If so, the person to contact is your insurance agent and ask for an explanation. Once you present proof of the dismissal to him/her, demand that he reach out to underwriting for a modification. No promises, but that is your best chance at getting the rates under control!

Good luck.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Asker

Posted

I did officially notify my former agent(now I have a contract with another insurance company) - I sent them a letter with the Court's decision by fax. The agent and the company completely ignored the dismissal and now the information is in the CLUE database which affects my premium insurance in every company. Can I sue them for that or for at least to do anything?

Daniel Nelson Deasy

Daniel Nelson Deasy

Posted

Wow -- sounds like you need to go to a different company!

Daniel Nelson Deasy

Daniel Nelson Deasy

Posted

If you do, they must refund the unused portion of your premium.

Asker

Posted

Do I have a good chance to win the case - with the decision of the Court? I'm really ready to sue them and hire a good lawyer for it.

Asker

Posted

It happened more than a year ago and the information is still in the CLUE database(((

Daniel Nelson Deasy

Daniel Nelson Deasy

Posted

Then hire that lawyer and give it a run. if had the crystal ball that gave results, I wouldn;t be an attorney!! Best of luck!!

Asker

Posted

Thanks a lot!

Posted

My colleague is correct. From experience, insurance companies will raise premiums not just based upon your driving record but what they deem is your fault and it is definitely not surprising based upon fact they paid out.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-228-3838 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

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Asker

Posted

As far as I understand the major problem is the information in the CLUE system - the database from where all the companies take the information about me. The agent in the CLUE said that I can make the insurance company remove it but cannot do it myself. Can I sue them and make them remove that information?

William David Umansky

William David Umansky

Posted

Great question and I have not done that before. Contact mark nation in Orlando. He is an insurance guru and he may know the answer. Unless of course someone else here answers that question. Good luck!

Asker

Posted

Thanks for the advice! Who is that gentleman in Orlando? Can you please provide me with more information about him?

William David Umansky

William David Umansky

Posted

Mark Nation Attorney in long wood Florida. Look him up in google. Great lawyer

Asker

Posted

Thanks a lot, - appreciate it

William David Umansky

William David Umansky

Posted

No problem.

Posted

Insurance companies base rates on many factors; including perceived risk. You can ask for your rate to be reconsidered... or you can find a new insurance company.

This response is not intended to act as legal advice. I am not licensed to practice law in any state other than the State of Illinois. No attorney-client relationship is formed until you sign an attorney-client agreement with my office.

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Asker

Posted

I changed the company but it didn't help - the information in in the nationwide CLUE database now. Can I find a lawyer to sue the company and remove that information - based on the decision of the Traffic Court?

Posted

Remember - you are a consumer and the insurance company is a private business. They can raise your rates for any reason, or no reason whatsoever. You in turn, have the power to take your business elsewhere. Call some other companies to compare rates.

Good luck to you.

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Asker

Posted

I already understood that, thank you. The reason they raised the rates is that there is information against me in the C.L.U.E database (at fault in car crash) which is outdated as the judge in the Traffic Court dismissed it.(I got the fine then I appealed and the case was dismissed in my favor). So the problem is the company doesn't want to erase that information after my request(I've sent them the judge's decision). Should I sue them and make them to remove it?

Asker

Posted

I wouldn't mind If a good lawyer in my area take my case and work with it. I live in Florida Keys

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