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  1. #1
    Join Date
    Jan 2009
    Location
    RAVENEL
    Posts
    1

    Exclamation How Can I Take the Insurance Company to Small Claims Court

    My question involves insurance law for the state of: SC. I HAVE REPOSSESSED A VEHICLE WITH DAMAGE, THE INSURANCE COMPANY IS REFUSING TO PAY BECAUSE THE CUSTOMER SAID THERE WAS NO DAMAGE, AND THAT THEY DIDN'T DRIVE THE VEHICLE. THE CUSTOMER HAD FULL COVERAGE, HOWEVER THEY DID NOT LIST US AS LIEN HOLDER. THE CUSTOMER ADMITTED TO THE INS HE OWED MONEY ON THIS VEHICLE. I HAVE PROOF OF DAMAGE AT THE TIME OF REPOSSESSION AND PROOF OF THE LIEN ALONG WITH PAY SCHEDULE SHOWING THE CUSTOMER MADE SOME PAYMENTS DURING THE TIME INSURED. BUT BECAUSE THE INSURANCE WAS DROPPED 1 MONTH PRIOR TO DATE OF REPOSSESSION AND THE CUSTOMER SAYS NO DAMAGE, WE CANNOT PROVE WHEN THE ACCIDENT HAPPENED. HOWEVER, YOU CAN VIEW THE VEHICLE AND TELL THIS IS NOT NEW DAMAGE... THE INSURANCE COMMISSION WAS NO HELP. NOW I HAVE TO TAKE THE INS COMPANY TO SMALL CLAIMS COURT.... IS THIS POSSIBLE AND HOW DO I GO ABOUT DOING THIS?????

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How Can I Take the Insurance Company to Small Claims Court

    The policy lapsed a month before the repossession? And you have no evidence that the damage arose when the policy was in effect? Then even if the damage was caused by the owner, not you, why in the world would you think their lapsed policy would cover it?

  3. #3
    Join Date
    Jan 2009
    Posts
    26

    Default Re: How Can I Take the Insurance Company to Small Claims Court

    As the lienholder it is your responsiblility to make sure that you are listed on the policy & receiving notices from the insurance company. If you were not receiving proof of insurance renewals then you were not listed on the policy & have a right to request being listed on the policy or to get coverage yourself & make the owner pay for the policy.

    If you had been listed on the policy- you would have received notice that the policy was lapsing so you could get insurance on the vehicle.

    The insurance company will not & should not pay out on this claim. You also would not have a case in court. If the insurance company paid out on every claim that they should not pay out on then insurance rates would be unaffordable for everyone.

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