Do I need a lawyer...?

by BeauBoi » Tue Feb 16, 2016 09:40 pm

Hi All!

Ok, here is the deal:
I recently opened a small business. I went an purchased commercial liability to cover the trailer I use for my business and the equipment on the trailer.

I signed the contract and gave the agent my bank card and she walked away. When she came back, she presented me with an insurance card and said that was it, that I was insured.

About a month later, I was driving to a job site and (due to a manufacturer's error) a tire flew off the trailer. Thankfully, the tire didn't hit any other cars, but it did about $1000 of damage to my trailer/equipment.

I immediately contacted the insurance agent and she said, "No problem". Then I got an email from her a couple of hours later stating, that she had forgotten to process my bank card and I had never been insured!

She went on to tell me, that if I would authorize her to go ahead and take the payment that she had forgotten to take before, that she would be able to process my claim anyway.

That was over a week ago. Now she isn't returning my calls or emails....

Should I get a lawyer...?

~Beau

Total Comments: 4

Posted: Wed Feb 17, 2016 02:20 am Post Subject:

In the least I would call and file a complaint with your state Dept of Insurance. I would do this yesterday.

As far as legal representation... that is up to you. Is the agent independent or are they attached to an insurance company? Independent agents don't issue policies and print up cards within minutes. I suspect this person might have taken your money and ran away.

Returning calls or emails? If I were you I would be knocking on that person's door already.

Posted: Tue Mar 01, 2016 12:13 pm Post Subject:

I went an purchased commercial liability to cover the trailer I use for my business and the equipment on the trailer.

I hope you actually mean liability and property coverages, because your loss is not a third party liability claim but a first party property damage claim.

In any event, you are a victim of agent misconduct which, as tcope stated, needs to be reported to the state insurance regulator immediately. This is a classic example of what the regulators are looking for and they will assist any consumer with similar challenges at no cost.

You should actually file a claim with the insurance company that apparently issued you a policy. If they deny the claim because the agent never submitted your application or payment, then they will be alerted to the fact that they may have a rogue agent in their midst, and they will investigate and report to the state regulator as well.

I would check to see if any money was debited from your account. If even one penny came out, you are the victim of fraud committed by the agent, and definitely want to get the regulator involved.

At the very least, this is a claimable event under the agent's errors and omissions insurance, especially if the agent gave you some sort of evidence of coverage. Getting an attorney involved is premature, however, because your damages are small. If nothing else, you can sue the agent in small claims court where no one uses an attorney -- they tell their story and the judge makes a decision as to who's entitled to a payment, if any..

And, as tcope also stated, you should be on the agent's office or home doorstep at first light and wait for her to open the door.

If you need additional assistance, contact me.

Posted: Thu Mar 03, 2016 02:47 am Post Subject:

You've become a victim of an insurance fraud. Here's a link to report multiple types of fraud. It can be done anonymously in many cases. http://www.insurancefraud.org/report-fraud.htm#.Vtej43197Dd

Posted: Thu Aug 25, 2016 01:58 am Post Subject:

I suspect your agent might have taken your money and ran away. Immediately contact the National Insurance Crime Bureau, it's a non-profit organization dedicated to combating insurance fraud across a variety of industries by working closely with insurance companies and law enforcement.

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