Insurance fuckery and deadlines: please help.
February 13, 2019 11:50 AM Subscribe
The GAP insurance on my car sent me 'A deadline is approaching' mail, but they never stated the actual deadline on the mail, just 'refer to your contract'. Now they're saying it's expired so they won't pay. What are my options?
Also: is there any hope of getting help because of the fact that I have a documented disability that makes it harder for me to fill out paperwork in a timely manner?
Also: is there any hope of getting help because of the fact that I have a documented disability that makes it harder for me to fill out paperwork in a timely manner?
Response by poster: The GAP insurance contract, supposedly - I don't have a copy of it - says 90 days from the date of the "Primary Insurance company settlement".
posted by corb at 12:39 PM on February 13, 2019
posted by corb at 12:39 PM on February 13, 2019
I feel like we need more context here. Are you making a GAP insurance claim that has been denied due to the insurance policy being expired?
If so, when did the policy expire? Was it before or after the date of the claim? When did you stop paying for the GAP insurance (which will cause it to lapse)?
posted by saeculorum at 12:49 PM on February 13, 2019 [1 favorite]
If so, when did the policy expire? Was it before or after the date of the claim? When did you stop paying for the GAP insurance (which will cause it to lapse)?
posted by saeculorum at 12:49 PM on February 13, 2019 [1 favorite]
Response by poster: Sorry - I paid for the GAP at the time of purchasing the car. They're claiming that the insurance expired because I didn't submit the documents fast enough, thus voiding the contract. My feeling is that by failing to inform me of when the deadline was, they were hoping I would miss it and they would get to keep my money without paying out.
posted by corb at 1:08 PM on February 13, 2019
posted by corb at 1:08 PM on February 13, 2019
I doubt the insurance company is really claiming that they are due money in exchange for providing no insurance coverage. Have you called the insurance company and requested a refund of your premiums? If they declined, what was their reason?
posted by saeculorum at 2:13 PM on February 13, 2019
posted by saeculorum at 2:13 PM on February 13, 2019
This is confusing. You got and paid for an insurance policy at the time purchased a car. Then you didn't file paperwork so it didn't take effect? Is that right? And when you say, they won't pay was there an accident that they refuse to cover because the plan never took effect (because you didn't do the paperwork) or did it take effect but lapse before the date of the accident because you didn't do something? Or you are upset because they won't refund your money?
By the way, insurance companies can be jerks. You may be exactly right that they weren't being clear and helpful but as long as they weren't misleading, you aren't going to be able to force the issue. As far as I know, although I am certainly not a disability specialist, they don't have an obligation to accommodate your struggles with paperwork so I don't think that will help you either.
posted by metahawk at 2:31 PM on February 13, 2019 [1 favorite]
By the way, insurance companies can be jerks. You may be exactly right that they weren't being clear and helpful but as long as they weren't misleading, you aren't going to be able to force the issue. As far as I know, although I am certainly not a disability specialist, they don't have an obligation to accommodate your struggles with paperwork so I don't think that will help you either.
posted by metahawk at 2:31 PM on February 13, 2019 [1 favorite]
Very likely the paperwork you received told you what the deadline was. In many states that ends the issue - if you didn't read it and meet the deadline the coverage is gone. Each state has different rules (widely different on an issue like this) so consultation with a lawyer in your area is recommended.
posted by yclipse at 2:59 PM on February 13, 2019
posted by yclipse at 2:59 PM on February 13, 2019
I think what I'm unclear on is whether the paperwork you didn't file in time was to purchase (or renew) the insurance coverage or to make the claim after the accident.
I don't know the answer either way, but if it's the latter, I expect that they can legitimately say no, but that you might have your best chance of just reaching out and trying to find a real person and asking nicely, pressing and leaning and nagging. I suspect that they'd be technically in the right here, but there might be wiggle room if you're all paid up and it's not TOO long past the deadline.
posted by gideonfrog at 3:06 PM on February 13, 2019 [1 favorite]
I don't know the answer either way, but if it's the latter, I expect that they can legitimately say no, but that you might have your best chance of just reaching out and trying to find a real person and asking nicely, pressing and leaning and nagging. I suspect that they'd be technically in the right here, but there might be wiggle room if you're all paid up and it's not TOO long past the deadline.
posted by gideonfrog at 3:06 PM on February 13, 2019 [1 favorite]
Did you *never* see the contract, or do you not currently have a copy of the contract? Also what was the timeline for all this (i.e. when did you purchase the car and the insurance, and how long after that was the incident you’re making a claim for, and how long ago was that)?
It certainly seems possible that you were not, in fact, insured if you didn’t submit the necessary paperwork. But in that case they should refund your premium. It’s kind of hard to tell exactly how shady the insurer is being based on the info provided.
posted by mskyle at 4:30 PM on February 13, 2019
It certainly seems possible that you were not, in fact, insured if you didn’t submit the necessary paperwork. But in that case they should refund your premium. It’s kind of hard to tell exactly how shady the insurer is being based on the info provided.
posted by mskyle at 4:30 PM on February 13, 2019
Response by poster: To be clear: I paid for the insurance about three years ago. The accident I'm making a claim for was about four months ago, after I paid for it. They are saying that because I didn't file the paperwork they are now requesting in a timely enough fashion after the accident, that my coverage is voided, despite them not telling me at the time either via phone or mail the deadline.
posted by corb at 4:39 PM on February 13, 2019
posted by corb at 4:39 PM on February 13, 2019
Every state has an insurance commission; they'll be listed on the Attorney Generals website for your state. Insurance regulation varies by state, they will know how things work in your state, and they may be able to help you.
posted by theora55 at 4:55 PM on February 13, 2019
posted by theora55 at 4:55 PM on February 13, 2019
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What does your GAP insurance contract say?
posted by saeculorum at 12:31 PM on February 13, 2019