ok. this might be a little confusing because i do not know where to start and have a couple things i need answered. i do appreciate anyones help. but please if you have to guess then tell me you are guessing or going off non official materials... thank you...
first off. there is two insurance companies involved. both denying my claim.
i will just refer to them as company 1 and company 2.
second. i am in california. so any laws that are looked up must be within california regulations and insurance laws...
how it happened:
i will not go into details cuz its a long story. but lets just assume this was my fault. and no other parties involved are claiming damage or fault. i do not dispute it being my fault. i am only claiming my car which is in fact in my name only..
company1:
i filed the claim with them the day after the accident. i have full coverage with this company and thought i was insuraed on the policy . as it turns out. i apparently was exluded when the policy was bought.
i had no idea of this. as the car and loan is in my name. it would be stupid of me to exlude myself. my wife is the only named insured. and since im specifically expluded they denied it.
i, to date, have not signed any insurance documents at all. let alone a paper saying i want myself to be excluded.
i bought this insurance policy from a shady broker that i am assuming messed up and exluded my. i stupidly did not look at the insurance papers and declarations page when i got the paperwork through the original setup of the insurance and through the 3 times it was automatically renewed.
only reason is that i thought i was insured so i didnt think anything had changed. insurance company 1 and insurance broker 1 seemed to have "lost" or "misplaced" my original paperwork for insurance and therefor have no proof i wanted insurance and wanted to be exluded. other than the fact i have been faithfully paying the premium for two years now.
question 1 about insurance company 1:
can they legally deny this claim even though i did not sign anything saying i wanted to be excluded. and have not signed physically any insurance documents at all?
question 2 about insurance company 1:
can i ask them for all the money i have paid them for it to be refunded to me. simply because they have no documents stating i wanted insurance?
comapny2:
after i got through with the above insurance company. i moved to my other insurance company i had with another car in my name. seperate cars and companies. again i have full coverage with this comany, i got the furthest with these people. they told me any car i drove was insured through them. they sent an estimator out. told me they were gonna cover it. told me everything was in place and told me to tow it to a body shop of my choice. i had that done. then the body shop did their second estimate. everything agian was promised. i talked to the agent and he said he was sending me a check for the tow and sending the body shop a check for the car. thirty minutes after that happened. i get a call from this agents supervisor telling me it is not covered at all and i need to get it out of the body shop. he said because the car is in my name. it is not covered by them for me.
question 1 about company 2:
is this ethical let alone legal for them to go through all of that and promise me it will be covered up until the last second and say no? isnt a verbal contract binding in california?
anything any of you have will be helpful..
if you have read through the whole thing. thanks alot... i hope you can help.
insurance denied claim - help
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