Can I fight an erroneous insurance claim?

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Can I fight an erroneous insurance claim?

My 2 sons and a friend of theirs drove to a concert 11 months ago. My sons were ages 18 and 16 at the time. My 16 year old was driving against all of their

common sense and spun out on a major highway and hit a guard rail. I believe

it was a state trooper who came on the scene but no ticket was issued. The

boys tell me the trooper looked at all 3 of their drivers’ licenses and they

told him which of them was driving, the 16 year old. Now, nearly 1 year later, my auto insurance company has notified me that my 18 year old son will no longer be insured because he had 2 at fault claims, 1 that was his fault and the

other this incident in which he was not the driver. I told my local insurance agent what happened and he said he would investigate but instead the coverage will just end in a few weeks. I asked the underwriter to call me as I believe this was improperly non-renewed. I was never contacted by the insurance company when this accident occurred to be notified of the claim

and that any payment was made. What can I do?

Asked on May 21, 2018 under Accident Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you can't fight the pending non-insurance of your 18-year-old son. Auto insurance is not a right: insurers decide who they will cover. An insurer may decline to cover someone whom they believe is an excessive risk. A person who, before they are 19, has an at-fault claim against himself and also shows the appallingly bad judgment of letting a 16-year-old drive (someone who could not then drive legally in those circumstances) is clearly a high risk and the insurer may decline to cover him. You son will need to look around for another insurer, may have to enter what is commonly called the "high risk" pool, and will almost certainly have to pay a premium for insurance coverage.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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