My insurance agent dropped the ball filing my accident claim. Do I have a case against them?

Asked almost 4 years ago - Columbia, SC

I wasn't aware I had to file my accident report with insurance agent, so last summer I received a letter from the DMV giving 60 days to do so. I called my agent, was put on hold, and forgot about because she was comforting her sick dog, which she brought to work.(I remember because I was a bit upset) After 20 minutes, I hung up, and attempted to call back for another half hour, then drove to her office, gave her the acc. report and DMV letter, and thought she filed until I was arrested last month for DUS. Two visits to the DMV and a few calls to her, I had my DL back, suspension cleared. My agent claims no fault, claims I never brought her those papers, because they aren't in my file. If my !st offense DUS & failure to surrender DL charges aren't dropped, I want to sue. Do I have a case?

Attorney answers (3)

  1. Robert Daniel Kelly

    Pro

    Contributor Level 20

    Answered . You need to speak with an attorney. An attorney can help you determine the answers to your questions in light of the particular facts of your case. Good luck.
    Here are some general principles regarding insurance bad faith copied from the case of COVENTRY v. AMERICAN STATES INS. CO., 136 Wn.2d 269 (1998).
    In general, insurance companies have a duty to conduct their relations with their insureds in good faith. When insurance companies breach their duty, causing harm to the insureds, the insured may have a cause of action. Such cause of action may be characterized as violation of a consumer protection act, or a breach of contract.
    Insurers have a duty to conduct a reasonable investigation.

    [Please note: this communication does not constitute legal advice, nor does it form an attorney-client relationship. The author is licensed to practice law only in the State of Washington.]

  2. Jeffrey Mark Adams

    Contributor Level 20

    Answered . Did your DMV send you a form? Speak with you agent and ask them to resolve. Jeff Adams

  3. Randy William Ferguson

    Contributor Level 19

    Answered . It depends on who is required to file the information and what your contract of insurance might say. Talk to attorney.

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