Who is liable if my insurance policy had wrong the VIN copied from sales contract which was wrong?

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Who is liable if my insurance policy had wrong the VIN copied from sales contract which was wrong?

Car dealership put wrong VIN on sales contract and the insurance policy was written with wrong VIN. I received DMV notification 6 months later that they were suspending the vehicle registration because they never received proof of insurance. Who is liable for the 6 months I wasn’t covered? I paid a full year in advance and was not covered for 6 months of that. Who is liable for reimbursing 6months of premium? The insurance company had the carrier falsify a “back dated ” policy and mail it to me. Also, damages for my registration suspension due to this foul up.

Asked on December 21, 2011 under General Practice, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may be able to recover damages for the 6 months of premium you paid without being covered from the dealership, since it was their negligent act causing this. The existence of the "back dated" policy will complicate proving this, however.

As for damages for the suspension of your registration--there is no recovery for  your frustration or wasted time. You'd have to show some concrete and provable loss to recover--for example, that you are a field sales rep and couldn't work for a week owing to the inability to drive, and therefore lost income.


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