Q: I was involved in a car accident where the other party was deemed liable, but the insurance wants to cancel their policy
A week ago, I was in a left turn lane heading southbound and slowing down to a red light, when a car tried coming out of a gas station and t-boned me. Long story short, I called their insurance two days later and filed a claim. They did the same. I spoke to the adjuster today, and he said the other party's story matched up and they are liable, but the insurance company (windhaven) is launching an investigation into the insured on the grounds of "material misrepresentation." The way the adjuster explained it, was that if the insured had misrepresented any materials at the time of acquiring the policy, they would not have been insured to begin with and therefore would be an uninsured motorist at the time of the accident. I researched Florida law and found that there is a 90 day consideration period, and then 45 days notice to cancel a policy. Can the company claim the insured never had a policy?
A: No.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
