Auto Insurance in which the insurance company owes insured return costs etc.?

Auto Insurance in which the insurance company owes insured return costs etc.?

My sister bought two vehicles in 2004. Both were titled in her name, but I drove one of them almost exclusively and we referred to it as "-my"- car. We maintained insurance per NC law. But due to our being out of pocket, we missed a bill that arrived in April 2010, and both of us forgot about it. As a result, the insurance was canceled. She did not tell me this until July, 2010. I promptly went out and bought insurance for myself--not knowing that in this state, I had to be the owner of the car to purchase insurance. I thought the driver had to be insured. But in NC, the car has to be insured by the owner, apparently. In March, 2011, a DVM officer stopped me and advised me that the car was uninsured and he was pulling the tag.I was stunned. I called the insurance office (while he removed the tag) and they assured me that I was insured and the DVM officer was wrong. That made no difference to him. I got so upset, I started crying and he was astonished at how upset I was. So he went to the trouble of calling someone and verified my story. He told me that he had verified that I was telling the truth and that the insurance company "-should never have sold you that insurance"-. The conflict is that I had to be the owner to get insurance on the vehicle.. The insurance company/agent knew not only that (with the registration card in hand the day I purchased my insurance in their office), that I was not the owner, but knew about the lapse in coverage, but never advised any registration/tag issue that I would encounter. They seemed to have handled this with disregard to my buying a policy that was valid, but more as to the opportunity to make money on the sale of a policy. This also made me begin to wonder too that this may have been a policy that if deemed not valid when called upon to pay a claim, the company might have chosen to technically at that point to dishonor?I have been trying to get the insurance company to reimburse me for the taxi I had to get to take me home, the towing charges for the car, if not valid then unearned premiums at least those days my car could not be driven until I got my sister to sign the title and start over, and my expenses for renting a car while I got this mess ironed out. They are basically ignoring me. Does anyone know if I have a leg to stand on? It only seems fair to me. But I know that life is not always fair.I'-ll appreciate any experience or information anyone can share to help me get this resolved.


When you took out your policy- did you tell them the car did not belong to you? Did you tell them you were getting insurance on a car that you did not own? On the application for insurance did you represent that it was your car or your sisters car?I suspect you represented to the insurance company that it was your car.Had you told them it belonged to your sister - then the policy would have been in your sisters name with you listed as a driver.This mess is not the fault of the insurance company. I suspect that this mess was created by you and your sister not being 100% truthful to the insurance company.They don't owe you the taxi, tow costs etc. If the policy is determined to be voided because of a material misrepresentation on your part - at best, they may owe you a premium refund.


That company should have never sold you that policy, they had no right in doing it. I can guarantee that the insurance company is not going to fork over money unless they are forced to. If they sold you a policy and you were not the owner of the car you may want to file a complaint with your state's insurance commissioner.


Absolutely, the insurance company wouldn't have paid a claim. You don't own the car. You can't insure the car. You'll NEVER get the insurance COMPANY to reimburse you that cab fare. Never. You can ask the AGENCY to do that, but I seriously doubt they will. What you CAN try to do, is get them to "cancel the policy flat" as you had no ownership interest in the car, EVER. THAT is reasonable. And get your premiums back.Drivers don't matter. Only someone with an 'insurable interest' in the car, can insure it - and the name on the title, tags, and insurance all have to match. The driver bit, not relevant.At best, you have an "errors and ommissions" claim against that agent. The PROBLEM is, the claim isn't worth more than, what, a couple hundred bucks? To sue the agent and get your money back, you'll be paying an attorney $5,000 at least, up front. No one will take this on a "no win no fee" basis.And the agent has it in writing, that you said you own the car. That's what it says, on that application you signed. So odds are, if they deny that conversation (very easy), you'll lose that lawsuit.**Sorry, I don't see the "yes or no question". If it's "you must have the title in your name to be insured" then the EXACT answer to that EXACT question is no. You can be insured, as a driver, under the owner's policy. But you can't get tags in one person's name, for a car owned by someone else. An insurance company CAN sell you an insurance policy in your name, for the car you say is your car - you don't need to PROVE you own the car. They'll take your signature on the application, your word, at face value. But YOUR insurance won't cover MY tags on MY car. Flat out.


You could take the insurance agent to small claims court and ask for the return of premiums plus out of pocket expenses due to the ticket. You have a 50/50 chance of prevailing if you can prove that you gave them all of the correct information and they made the mistake.



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