Question
I posted this in the Law Forum for Opie to take a look at as well. Hopefully you can help me out here too.
Friday, my car was broken into and the stereo was stolen. When I contacted my insurance agent regarding a claim, I was informed that I did not have insurance period. Due to wonderful occurances that we attribute to life, I was late making a payment in early April. I made a partial payment at that time, but that was returned to me. I went in on April 30 and paid the back balance, and current premium through July 6. The assistant that took said payment told me all was fine and I was paid through July 6. Now Friday, the agent says that my payment should have never been accepted, and it was returned via regular mail. The corporate office (State Farm)'caught her error' as he put it. I was never informed of 'her error', be it by phone or writing, until I called the agent on Friday. It was then when I was told that my return payment was sent in the mail and that I should look for it. Here is the deal ... I paid the balance by Western Union money order, and I received a printed receipt from the assistant. They cashed the money orders for payment.
Do I still have insurance? Is there really anything I can do?
Thanks
Digital ... One more medicated peaceful moment.
Answer
Digital,
This is a problem and I wish there was a clear-cut answer to the problem.
The key here is going to be how the State of Ohio interprets "payment". In that your payment (be it money order, personal check, etc) was cashed and that payment did in fact clear the bank, the company "MAY" have shown "intent". The operative word is "MAY". Also, an important factor is did you get a receipt from your agent or directly from the insurance company? Do you have the name of the person who took your payment and confirmed coverage until July 6th?
My suggestion would be to contact the Ohio Dept. of Insurance and ask them for an interpretation of this situation. They may want you to file a formal written complaint.
With a claim pending, this situation is not a pretty one. The insurance company will want to be absolutely sure that everything is in before they move forward on the claim. They will want to verify the legitimacy of the entire situation. With all the insurance fraud, you can't blame them.
So, first thing you need to do is contact your agent and discuss the situation with him/her. Be calm. Review each step that took place. Get a complete understanding of the insurance company's position.
Then explain your position to the agent. See if he/she will intermediate with the company on your behalf (if possible).
If you reach an impasse, then you make need to discuss with the Ohio Insurance Department.
I wish you the best.
P.S. If you would like to discuss this with me personally before pursuing any action with the agent or state, please feel free to give me a call.
Regards,
Connie