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Questions About Auto Insurance & Accidents

4409 messages,  Last post on Nov 29, 2009 at 5:58 AM

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#3972 of 4409
Re: ERRORS AND OMISSIONS POLICY [oldfarmer50] by juliagolia
Aug 01, 2008 (12:26 pm)
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Replying to: oldfarmer50 (Aug 01, 2008 12:14 pm)

She told me over the phone at the scene that she simply went by my old policy I had from Allstate. Which I looked up and had full coverage--would that be proof enough? or no?
#3973 of 4409
Re: ERRORS AND OMISSIONS POLICY [juliagolia] by cccompson
Aug 01, 2008 (1:56 pm)
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Replying to: juliagolia (Aug 01, 2008 12:26 pm)

No (with one possible exception noted below), the thing that matters here is what the declaration of coverage from Progressive says. It was your responsibility to read it when you received it.
 
Now, if you just (within the past few days) switched and have yet to receive anything from Progressive, well, that's another matter.
 
Who's to say whether the Progressive agent was "irresponsible[?]" It may have been a clerical error somewhere along the line - again pointing out the critical need for the insured to double-check things.
#3974 of 4409
Re: ERRORS AND OMISSIONS POLICY [juliagolia] by mikefm58
Aug 01, 2008 (5:23 pm)
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Replying to: juliagolia (Aug 01, 2008 12:26 pm)

After all, you should have read your declarations page. Heck, the agent could have put down many extras you didn't want and also may have not given you any discounts you were entitled too. Sorry to be the bearer of bad news, but you should have double checked your agent.
 
Now I certainly would come down on the agent as they REALLY messed up.
#3975 of 4409
As far as the law by marsha7
Aug 01, 2008 (6:35 pm)
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is concerned, I don't think you have many avenues of recourse...but, if this agent works for an agency, I would bring it to their attention that she said she "duplicated" your existing coverage, and then show the Allstate policy with collision and see what they do...probably nothing, but you will make your point when you take your business elsewhere...
 
You might also send a letter to the agency with a "cc" to Progressive, noting the error, explaning why you willl take your business elsewhere...it may make the point...
 
You ARE responsible for check your own dec sheet, but the fact that she wrote a policy that included collision for 2 vehicles but not the newest seems ridiculous...
 
But if Progressive does not offer anything, do not be surprised...you MUST check your policy simply because of clerical errors...
 
BTW, you MAY have a leg to stand on if you instructed the agent IN WRITING to duplicate your coverages, but if it was a phone conversation, and she does not admit to the contents as you remember them, get out your checkbook and pay for the damages...
#3976 of 4409
Re: ERRORS AND OMISSIONS POLICY [juliagolia] by euphonium
Aug 01, 2008 (7:12 pm)
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Replying to: juliagolia (Aug 01, 2008 11:48 am)

In person, ask to see the agent's copy of the application to the company. The agent's app may have included collision. If so, the company is on it.
 
If the agent's app does not include collision, ask them who their carrier is for "Agents Errors and Omissions" insurance. That your immediately preceeding policy included collision and that your agent had knowledge of those coverages, it is my opinion you have a very strong case against the agency's E & O insurance.
The retention (deductible) of that policy will shape the attitude of the agency principal as to how he will excercise his responsibility for his employees negligence. That you are obligated to read your policy is trumped by your having presented the former policies to the agency for coverage.
 
Bottom Line is the cost of repair should be bourne by either Progressive or their agency, under the laws of agency. Don't compromise and stand firm.
#3977 of 4409
Re: ERRORS AND OMISSIONS POLICY [euphonium] by houdini1
Aug 02, 2008 (6:18 am)
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Replying to: euphonium (Aug 01, 2008 7:12 pm)

I agree with you on this. Insurers do not like to be taken to court as most jurors feel sympathy for the insured. It was a little unsure to me whether she had collision at all or if she had collision but with a deductible.
#3978 of 4409
Re: ERRORS AND OMISSIONS POLICY [houdini1] by juliagolia
Aug 02, 2008 (8:09 am)
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Replying to: houdini1 (Aug 02, 2008 6:18 am)

She was given a copy of my old policy which had my vehicle covered 100%. I think she either omitted it to make the quote smaller or just plain forgot it. At the scene I had her on the phone. I had just gotten off the phone with my husband who asked if our ded was 1750 and I said I was waiting for her to call me back for she was with a client in her office. When she did call me back I asked her and she proceeded to say I didn't have collision just liability that our truck had collision with a 1750 deductible. I of course was shocked and said what I have always had full coverage. She said and I quote, "I just went my your old Allstate policy." It wasn't until I got home that I luckily had my old Allstate policies and saw that I did in fact have full coverage. I am going after her. I am not trying to blame anyone 100% because I do believe I should have read the papers which I normally do. I have a tremendous amount of things going on and that isn't an excuse just life. I do believe that in this particular case she should at least be 50% accountable for this. That is all I am saying. Thanks for all your advice good and bad. I am just very upset. Yes I have my checkbook ready in case, but I don't feel I am 100% to blame. I thought this is why you have an agent, to take care of your needs. I could have just gone and gotten the insurance myself and then I wouldn't have anyone to blame but me.
#3979 of 4409
euphonium by marsha7
Aug 02, 2008 (8:09 am)
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Good thoughts...I have learned something today from you and I appreciate that...
#3980 of 4409
Re: ERRORS AND OMISSIONS POLICY [juliagolia] by houdini1
Aug 02, 2008 (9:21 am)
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Replying to: juliagolia (Aug 02, 2008 8:09 am)

I would try to reason with her at first by simply producing the old policy and reminding her of her words. IMO you should not offer to pay half or anything at all. Go for all of it as it is her mistake, not yours.
 
Let us know what happens.
#3981 of 4409
Re: ERRORS AND OMISSIONS POLICY [juliagolia] by kiawah
Aug 02, 2008 (9:34 am)
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Replying to: juliagolia (Aug 01, 2008 11:48 am)

Exactly how long has it been, since you first got this new policy, and the accident? 1 week? , 1 month?., 3 months, 9 months?

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