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.
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 may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
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...
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 legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
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
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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
Sign up to receive a 3-part series of useful information and advice about personal injury law.