Auto Insurance Forum

My boyfriend and I were in an auto accident in January 2007, where the other driver ran a stop sign and my SUV rolled over four times. When I reported the accident to my insurance company, the adjuster said my insurance had been canceled in October 2006 because they did not receive pictures of my vehicle, which they had asked for. I have been paying my premium on this policy and have all the canceled checks.

How could my policy have been canceled? My agent says he will clear it all up, but the accident happened six months ago and nothing has been done. I did receive a check for return of my premium, but it was not nearly enough to cover the amount I paid since October 2006. What can be done?

Ann, Florida

You were told after the accident that your insurance had been canceled three months earlier for a strange reason indeed: no photographs of your car. Florida state law lists the reasons why your auto insurance can be canceled, and "we don't have pictures of the car" isn't one of them. In fact, the law says your auto policy can only be canceled for the following reasons: a) failure to pay your premium; b) misrepresentation or fraud on your part; c) you or anyone else in your household has had a driver's license or registration suspended within the last 180 days. That's in the Florida Insurance Statutes, Title XXXVII (Insurance), Chapter 627, Section 728.

The law also says that the insurer must give written notice of the cancellation to you and to your agent 45 days before the cancellation takes effect, except in cases when you haven't paid your premium (in that case, they would give you 10 days notice). Did you ever receive such a notice?

You will need your canceled checks, and any other receipts or documentation you can find, in order to fight this claim denial and supposed policy cancellation. I suggest you do the following: First, gather all of the paperwork you can find, including the receipts, canceled checks, your policy paperwork, and notes from all of your conversations with the adjuster and insurance agent. (If you haven't been taking notes of your conversations, you should start now, taking down the date and time of any interaction as well as what was said.)

Second, ask the insurer — in writing — for a copy of your claim file in this matter. Tell them you want all of their paperwork related to this claim, right down to the Post-It notes.

Third, call the Florida Department of Insurance (DOI) and ask for its help to file a complaint against the insurance company and the agent. The DOI investigates consumer complaints and can help you sort out this insurance mess.

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