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Someone stole my car. Insurance won't pay. (self.legaladvice)

WarOnFlesh が 投稿

Original thread on r/cars is here.

I have a loan from my credit union for a new car (bought in 2013), that I still owe $9K for. When I added the car to my policy, I did not select the correct box on the insurance company's website, so I never got "other" insurance (theft, vandalism, fire, etc).

My care was stolen Saturday night. I called the insurance company and they told me I am out of luck and now they will not return my calls. The stolen vehicle shows up on my claims, so I am sure my insurance premium will go up.

I called the bank and they told me that since I no longer have the car, they are going to convert the auto loan to a unsecured personal loan at a much much higher rate.

I would have been better off to have never called either. FML.

On a related note, even though it is 2016, and I love technology NEVER USE AN APP TO BUY INSURANCE. Talking to a person on the phone, it would have been clear that I needed the "other" insurance and would have been covered. Using the insurance company's app, it was not obvious and I was able to customize my insurance to a level below what was required. Fuck everything about this situation.

How do I proceed? Is there any obligation from the bank or the insurance company to make sure I have the required insurance? Is there any way to convince the insurance company to cover this oversight that I quite clearly did not make willingly? Who would get full collision coverage on a car with a lien and then not get comprehensive? How do I convince the bank to not switch my loan from 1.9% interest to 15% interest?

What do I do now?

I am in the military, stationed in Virginia Beach, VA.

EDIT: Since this is the legal advice subreddit, I didn't feel like I needed to say it, but I am asking for legal advice. Is there some recourse I can take or pursue to the effect that I meant to get this coverage because it was required by the lien holder (as every lien holder requires theft insurance)? What are my legal options at this point? So far the responses have amounted to: "better luck next time." In a country with this many lawyers and lawsuits, there really isn't anything I can do?

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[–]mdg_roberts1 15ポイント16ポイント  (18子コメント)

Hey, welcome to adulthood where you are responsible for your own actions.

How do I proceed? Is there any obligation from the bank or the insurance company to make sure I have the required insurance?

No obligation on their part. FYI, you had the required insurance, what you didn't have was the optional insurance.

Is there any way to convince the insurance company to cover this oversight that I quite clearly did not make willingly?

"quite clearly"? The only quite clearly thing I see is that they (the website) asked you if you wanted additional insurance and you declined.

Who would get full collision coverage on a car with a lien and then not get comprehensive?

You.

How do I convince the bank to not switch my loan from 1.9% interest to 15% interest?

Probably not.

[–]Phil_Achio 13ポイント14ポイント  (11子コメント)

My guess is when selecting insurance op checked box it increased his premium and he quickly unchecked the box.

[–]onomonopeeyah 11ポイント12ポイント  (2子コメント)

It's your responsibility to make sure the insurance you're signing up for is the correct insurance you want.

Hopefully you called the police.

[–]WarOnFlesh[S] 2ポイント3ポイント  (1子コメント)

I called the police and they put it in the database of stolen vehicles.

EDIT: Wow, getting downvoted for listing a factual statement. this sub is a joke.

[–]onomonopeeyah 9ポイント10ポイント  (0子コメント)

Just so we're clear:

It's your responsibility to make sure the insurance you're signing up for is the correct insurance you want.

[–]ZanctmaoQuality Contributor 9ポイント10ポイント  (6子コメント)

Sorry this happened to you. This is one of the (many) reasons why it is better to go with an insurance agent than do the shopping on your own. You may pay more up front, but you get screwed less on the back end.

[–]s-dubya 2ポイント3ポイント  (5子コメント)

So I work for a large insurance company and am helping to write requirements for filing claims online.

If I end up working on online sales I will certainly bring up this up. Maybe plain English at the end telling the customer what they are and are not covered for before the final submission.

[–]ZanctmaoQuality Contributor 5ポイント6ポイント  (0子コメント)

Right. Something like this:

You have chosen to have NO coverage if your car is stolen. (like the above)

You have chosen to have NO coverage if your car is damaged. (liability only)

You have chosen to have NO coverage of your own injuries. (no PIP/Medpay)

You have chosen to have NO coverage of your vehicle and self if it is struck by an uninsured or underinsured motorist (no UIM)

[–]WarOnFlesh[S] -1ポイント0ポイント  (3子コメント)

Even better: Click the button for adding a vehicle. Big yes or no question. DOES THIS VEHICLE HAVE A LIEN/FINANCING?

If yes, do not allow them to have less than comprehensive coverage, as every single lien holder requires it, and that is different than full collision coverage.

EDIT: Even this comment is being downvoted. It is a recommendation to help people avoid this situation in the future. There is no situation where someone having a lien against the vehicle would not want theft insurance, and wouldn't be required by their lender to get theft insurance. Answering a simple yes/no question about a car before you start adding the details would make it so others do not find themselves in the same situation I am in.

You guys are a bunch of children.

[–]ZanctmaoQuality Contributor 0ポイント1ポイント  (0子コメント)

Sorry this is happening to you. Every so often the inmates take over the asylum and start hounding on an OP. You made a mistake, or GEICO did. You may even have a case against them, but that's for your lawyer to decide. Either way this suggestion is great and should be treated as such.

[–]ZanctmaoQuality Contributor 0ポイント1ポイント  (0子コメント)

That is actually a very good idea. Not sure why it's being downvoted.

[–]CyberTractor -1ポイント0ポイント  (0子コメント)

Some people are dumb and just jump on the "downvote the OP" bandwagon. Don't take it personally.

[–]boytyperanma 6ポイント7ポイント  (0子コメント)

Maybe it's just who I happen to buy my insurance through but every policy I've ever had has sent a paper copy to me. I review the policy and lock it in a fire safe for the duration of the policy. If a website or insurance agent screws up my policy I'd know long before I had an issue.

As an added bonus if anyone ever steals my safe I have the satisfaction of knowing they'll crack it to get a bunch of useless paper.

[–]ZanctmaoQuality Contributor 1ポイント2ポイント  (2子コメント)

You may want to speak with an attorney. In many states the insurance company must retain a signed form when certain coverages are waived. In WA for example the insurance company must keep a signed PIP waiver, otherwise they cannot deny it, even if you haven't been paying for it.

Florida may have such a rule vis-a-vis stolen car liability.

[–]TriggeringEveryone 1ポイント2ポイント  (1子コメント)

Unsure why this is being downvoted, since it is actual legal advice.

[–]ZanctmaoQuality Contributor 1ポイント2ポイント  (0子コメント)

This is the downside of having 120k subscribers. Most of these people are probably feverishly upping their insurance, but they want to feel smarter than OP, so they downvote him. Sort of like how everyone on the_donald had to look up what and where Aleppo was so they could make fun of Gary Johnson.

[–]TotesMessenger 0ポイント1ポイント  (0子コメント)

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