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On January 9, 2011, I was involved in an automobile accident during the snow storm that impacted the
2nd of Jul, 2010 by User256228
On January 9, 2011, I was involved in an automobile accident during the snow storm that impacted the northeastern part of the country. I contacted the USAA claims department to learn that my insurance coverage had been terminated. USAA informed me that my recently divorced spouse removed me from our family policy plan. Neither my former husband or USAA had bothered to contact me. In a subsequent letter to USAA I explained that pursuant to Texas divorce statues the insurance policy was to remain in effect until the policy expired. Further the Texas Consumer Bill of Rights for automobile insurance states that if your marital status changes, indivuals have the right to continue their insurance coverage. In essence I had a right to a new policy in my name that has coverages which most nearly approximate the coverage of my prior policy, including the same expiration date. An insurance company cannot date the new policy so that a gap in coverage occurs. Interestly the USAA representatives informed me that they could not interpret the above mentioned statues or the Bill or Rights. USAA then not only refused claim coverage; but moreover I determined that the policy coverage had been cancelled within hours of my former husband contacting them. Initially USAA stated that the insurance cancellation letter sent regarding denial of coverage was mailed to the policy holder--my former husband. On February 11, 2011, a different story emerged from their policy services representative. USAA now indicated that a second letter had also been forwarded to my residence. I requested how they had determined my residence and requested a copy of this letter It is my contention that their correspondence was never mailed as my former husband failed to provide the correct point of contact information. USAA stated they had determine my location from an internet search. The USAA representative of course could not provide the search engine or website they had utilized to track my location. I informed the USAA representative that it was my contention that their notification letter was fraudulent as it was impossible for them to have obtained my address at that time. Needless to say the vehicle damage sustained from the accident alone is approximately $6,100. Unfortunately there is now a requirement to retain a personal injury attorney. Mostly it's disappointing, in the aftermath of a serious vehicle accident, to experience this level of unprofessionalism from a professional automobile insurance company. As a Texan I would highly recommend that all residents file complaint(s) with the Texas Department of Insurance when insurance companies violated their automobile insurance rights. I just relocated to Virginia to further determine that my vehicle registration was cancelled due to USAA's termination of my insurance coverage. In Texas it's a Class B Misdomeanor offense to operate an automobile without insurance and/or without valid registration.
Comments
3064 days ago by TheFacts
True: "if your marital status changes, individuals have the right to continue their insurance coverage" BUT you have used the statement out of context. You CAN continue coverage but are not automatically given new coverage. They don't just start working up a new portfolio for you unless they know of the circumstances surrounding your removal. A driver, just like an automobile, can be added or taken off a policy at the request an insured (your ex). You have the right to "request" continuation of insurance coverage should the need for a seperate policy occur. Again they would have to know the truth about "why" you are being removed. You don't have a case unless you can prove by subpoena of the USAA employee records that they where aware of the divorce and failed to make an attempt to contact you. Both of which would require seperate follow up (phone call not required) with you from a USAA employee in regards to your ex's request. In this instance USAA would be legally responsible for negligence. Now IF you ex lied about the reason for removal of your name from the policy or provided them with false contact information for follow up with you USAA is off the hook. They don't question reasonable customer requests. Nor are they required to conduct an investigation as to your whereabouts. That service is not required and honestly is not a business practice anyone wants to be responsible for providing. Again IF your ex lied at any point...and USAA tried to the best of their knowledge to help...Its now between you, ex, and a good lawyer!

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