What to do if my insurer has overcharged me $200 a month for over a year even though I inquired as to what was going on?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my insurer has overcharged me $200 a month for over a year even though I inquired as to what was going on?
They never told me there was an unverifiable driver who made the policy go up. They had not entered the info correctly thus why it was UVD. Never did they say that was the issue. Now I have researched on my own and figured it out. They owe the money or need to apply it to the new policy as this was their error and I am getting the feeling they are not going to do anything. Is that even legal? I have proof of all.
Asked on June 10, 2014 under Insurance Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If the fault was their fault, then they should have to credit you back the money in some way (refund it; apply it to future premiums; etc.)--they can't overcharge you due to their own negligence or carelessness and keep the overcharge. If they won't voluntarily do this, you could sue them to get them to do so. On the other hand, if the fault was yours--for example, you did not carefully review the policy or terms sheet and approved a policy with wrong information on it--then they most likely would not be responsible for the overcharge and could keep the surplus.
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 AttorneyPages.com 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.