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?

UPDATED: Jun 10, 2014

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

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