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How do I dispute an insurance coverage denial letter on my auto accident claim because my insurer is claiming misrepresentation?
I received an insurance coverage denial letter on my auto accident claim because my insurer is claiming misrepresentation. They say that I lied on my initial insurance application when I said I had never had an accident or a speeding ticket, and so now they do not want to pay for the accident I caused. I didn’t lie, I just didn’t remember that I’d had the accident two years ago. Are they allowed to do this?
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Answers (1)
Fraud or misrepresentation may be grounds for your insurer to deny your coverage, especially if the fraud was “material,” i.e. it was a lie or fraud about something vital to the contract. The insurance company will have the burden of proving the fraud or misrepresentation if you opt to sue for coverage, however if they are able to prove you were untruthful, they may be able to successfully deny your claim. You should consult with an experienced auto accident attorney who can help you negotiate with your insurance company and/or decide the next steps to take if your insurance company will not modify the denial of coverage letter.
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Posted by Christy Rakoczy on 21 Jan 2010
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