Will auto insurance company backdate a policy?

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Will auto insurance company backdate a policy?

To keep it brief, I recently got into a car accident on the interstate due to terrible weather conditions. Luckily there were no other vehicles involved other than mine. I filed a claim with my insurer but they informed me that I’m not covered. also, that the comprehensive/collision components were removed from my policy 2 years ago due to them not receiving the inspection of the vehicle when I bought the policy. The cost of collision/comprehensive were also cut from my total premium. However, I have proof that the inspection on my vehicle was done and that the company inspecting it sent the paperwork over to my insurer. Yet, they are claiming that they’ve never received it. After providing them with the proof of the inspection, my claims adjuster informed me that they will make a decision as to whether or not they will back date the policy. My insurance company never informed me that they were missing the inspection paperwork. Shouldn’t they be required to backdate the policy as I did my part of doing inspection and the fact that they didn’t receive it is out of my hands? Should I hire a lawyer if they refuse to backdate my policy?

Asked on June 24, 2019 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

IF you can prove the error was the insurer's, they have to backdate the policy: for example, the information was sent to them in some way that it can be proven that they actually received it (e.g. certain forms of electronic transmission or by certified mail or Fed Ex, so there is delivery confirmation). But if you can't prove they received it, you can't prove it was their error--for example, it may have been lost in the mail, so to speak, and never gotten delivered. In that case, the would not have to backdate coverage.


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