Niagara Falls, NY asked in Insurance Bad Faith and Insurance Defense for New York

Q: Can i sue an insurance company

So my dilemma is I have a car accident reported on my car accident history last year. I have never been in an accident in my life. My mom got in an accident last may and i was in the car. She called me a week later and told me her insurance wanted to speak with me i explained the situation to them they wanted my permit number . Then asked would it affect me they said no. I go to get insurance this year they said i had an accident reported and had insurance the year before mind you my permit was suspended i couldn’t have insurance on a suspended permit. Also the only place in my state that would insure a permit driver is a progressive whom i was speaking to. They looked the record up they didn’t have me insured for said vehicle. They told me but the report shows the company said i got a $2000 check which i never did. Could i sue the insurance company for insurance fraud.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Insurance Claims Lawyer
  • Little Neck, NY
  • Licensed in New York

A: Some elements of the scenario are not fully clear, but from the brief facts, it does not look like a case of insurance fraud. Insurance fraud cases generally involve deliberate conduct with the intent to deceive the other party. This looks more like it could be an administrative or communications mix-up leading to errors on the record. You could reach out to attorneys for another opinion, based on a more detailed discussion of the matter. But law firms might not offer a free consult for such a matter, and they might not handle such a case on a contingency basis. Good luck

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