What should I do regarding this complicated auto situation? At a total loss, and don't know where to start.

Asked over 1 year ago - Los Angeles, CA

Was in a minor auto accident. Point of impact on my car rear-right and on theirs front-left. They brushed the side of me, but they lie that I cut them off. They were aggressive and clearly looking for payout. Damage was a few paint marks, easily wiped off. I called police & paramedics to the scene, who confirmed damage too minor and no injuries to warrant police report. Gave us slips that confirmed no injuries.
The next day I called my insurance who told me my coverage had expired. They claim they gave notice, but they did not. I was on autopay, and they say the card declined, which is impossible, and credit card company confirmed that transaction never attempted. Now some of other car's passengers are claiming injuries. If my insurance continues to deny me coverage, what should I do?

Attorney answers (7)

  1. David Lee Fiol

    Contributor Level 17

    17

    Lawyers agree

    Answered . You need to formally (in writing, Return Receipt) demand that your insurance company defend you from the claims, and if it refuses, you will have to speak to a local attorney about both defending you against the claims being made against you and about getting your insurance company to cover the cost of your defense.

  2. Sean Michael Patrick

    Contributor Level 16

    12

    Lawyers agree

    Answered . You should consult with an attorney that does insurance bad faith. Sounds like you're insurance company is trying to take the easy way out.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  3. Richard Andrew Harting

    Pro

    Contributor Level 18

    11

    Lawyers agree

    Answered . Get your documents in order - auto pay agreement and written confirmation from your credit card company that your card was in good standing and no attempted transaction by insurance carrier. submit documents to the carrier demanding they provide coverage and defend. Send a copy along with a complaint to the department of insurance. If this doesn't work hire an attorney to sue for breach of contract, etc...

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . Have an insurance lawyer in your city hold their feet to the fire

  5. Scott J. Corwin

    Pro

    Contributor Level 18

    8

    Lawyers agree

    1

    Answered . I am sorry that your insurance company is abandoning you this way. I agree with the responding car accident attorneys to review your case with an insurance lawyer to help you receive the coverage that you have payed for in the case of a car accident. Best of luck

  6. Howard Robert Roitman

    Contributor Level 17

    7

    Lawyers agree

    Answered . The other answers give very good approaches to dealing with this problem. You should also contact the California Department of insurance. Link below

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more
  7. Michael R Crosner

    Contributor Level 20

    6

    Lawyers agree

    Answered . Consult a local insurance coverage attorney - many offer free initial consultations

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more

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