Seems to be a mistake made by my car insurance agent, can I get my money back from being overcharged on my car insurance? Or did I get screwed?

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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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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Jun 25, 2012

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Insurance Question from Aubrey, TX

Asked on 06/25/2012

Seems to be a mistake made by my car insurance agent, can I get my money back from being overcharged on my car insurance? Or did I get screwed? 2.5 years ago I got into a car accident. It was declared the other drivers fault. I've been with my current insurance company for almost 6 months now. Recently I bought a new car so I called my agent to give him the new Vin. In our conversation he said "as long as you don't cause anymore accidents then in Dec. you're insurance will go down." I corrected him and told him it wasn't my fault. He told me if I can prove that to him he can lower my insurance immediately. When I orig. filled out my quote, I put that it wasn't my fault. So he overcharged me the past 5.5 months. Can I get that $ back?

Answer given on June 29, 2012

If your auto insurance policy was misrated due to incomplete or incorrect information you should be able to get the insurance premium reduced to the correct amount. However, you will probably have to provide proof that the incident in question was not your fault. With today’s computer records of claims your insurance company should be able to find the correct information, but they may need some additional information from you.Since the overcharge has not been over a long period of time, it should be easier to get your full refund for the error. While the agent should have made sure the rate was correct, you too should have discussed the premium with them and confirmed they had removed the surcharge for the accident. On many policies the driving record is indicated on the policy declarations page and you should have seen the charge showing. Talk to your agent, they should be able to correct this error rather quickly and refund your money.

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