Columbus, OH asked in Insurance Defense, Intellectual Property and Consumer Law for Ohio

Q: My insurance policy ended on 9th. Later on in the day when I realized I purchased different insurance from geico online

45 mins. Later husband got off work and rear ended someone and now both insurances refuse to cover. Geico says there was 5 min. Difference in when I started which is not true. When I finished purchasing it said I was covered. When husband called and needed proof of insurance for cop I called geico and they said they'd email me card and to download app and would be there as well. They sent email saying welcome with id cards and that's when they are saying it was valid. So now have no way to pay for either vehicle. Two weeks later husband was in another accident and they are covering it. But when I went online to get policy number noticed they had changed dates on me and also said they were cancelling us on the 17th but haven't called or sent letter to inform us. Good thing I happened to get online and see or would have been in the dark on 17th without insurance. Wondering what we can do and if we even have a case or is it going to be waste of money to even try to settle this

1 Lawyer Answer
Bruce Martin Broyles
Bruce Martin Broyles
Answered
  • Lancaster, OH
  • Licensed in Ohio

A: You need to obtain the electronic mail to and from Gieco to determine whether policy was in effect. In addition, your previous insurance company may have continued the policy of insurance for a short period of time after the cancellation for non-payment.

If you cannot obtain the email information, you may want to contact a computer forensics expert. The email would have left an exact date and time that the email was transmitted from your computer.

However, the on-line application, may say that the binder merely locks in rates, and that the policy is not in effect until after Gieco and its underwriters have reviewed your application.

Once you obtain all the information, and assuming the information is favorable, you will need to file a declaratory judgment action to determine whether policy was in effect.

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.