My parked car badly damaged by hit & run driver on city street, claim denied.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 7, 2013

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Insurance Question from Vernon, WI

Asked on 03/07/2013

My parked car badly damaged by hit & run driver on city street, claim denied. I parked my car on a city street in front of friend's house and car pooled with my friend to an event. Came back later in evening and found out my car was hit by a hit & run driver going at least 40. My insurance denied my claim due to renewal payment not received on time. I mailed half of my premium due in the beginning of the month and sent in the second half days before the premium due date. It was postmarked on the day due and bank showing the check was cleared. I am in a financial mess now with no car and is their any recourse? Any grace or in this matter. What can I do?

Answer given on December 14, 2013

Each insurance company has its own ways of payments being processed and accepted. Most do have a grace period, but it varies. They are also required to send a notice of cancellation if payment is not received by the due date, and that notice is to give you a final date of payment.You only paid 1/2 of the premium when due. You apparently then sent payment during the cancellation period. Payments must be received by the due date. A postmark usually is not acceptable as payment. The check would have been cashed since payments go to a lockbox and are not reviewed by anyone until after the fact. Just because the check was cashed it does not mean your insurance was reinstated.Check on the cancellation date and if your payment was received after the cancellation date, the insurance company can deny your claim. You can talk to your agent or insurance company but they may deny the reinstatement.

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