I got pulled over by state trooper New York State and I got to misdemeanor tickets for driving with a suspended license plate do to a lapse of insurance the problem is I never lapsed Insurance the insurance company made a typo cuz I had all this set up ahead of time so the insurance company went back and it's retro activating my insurance and they electronically reported it to the DMV as they should however I have not had my car for a week I have been pulled over which was embarrassing in itself I've had panic attacks chest pains I've had like I said no car for almost a week I have things that I need to have done and now I have to go to court which is almost 2 hours away and plead my case when I've done nothing wrong is there any way that I can sue my insurance company for the pain the suffering the emotional stress this is caused me
Yes you can sue the insurance company but may be a lot cheaper and more efficient to just deal with your tickets. You can represent yourself or retain a lawyer to handle it for you.
First try asking them for compensation for actual expenses. An attorney may be able to go to court instead of you to deal with this.
This is actually a very common occurrence for an insurance company to drop the ball and fail to notice the DMV of continuing coverage. However, before the DMV can suspend your license and the vehicle's registration, the DMV sends you a notice pursuant to state law giving you a warning that your insurer indicates their is a lapse in coverage and giving you a month to rectify the situation. They put in the letter a deadline date by which you have to resolve the matter or your license and registration will be suspended. The letter goes to the address on record with the DMV, of which it is your responsibility to ensure the DMV has your current information.
Sure you can sue them. However, the better practice is to speak to a supervisor, explain your situation, and find out the procedure for you to submit a claim for reimbursement for your out of pocket expenses. Explain to them under no uncertain terms that if they fail to reimburse you that your next step is that you are going to make a complaint with the NYS Insurance Department. The last thing insurance companies want is a complaint filed with the NYS Ins. Dept. Telling them that you will shows them that you are an informed consumer.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline