Should the self payment be returned when insurance is canceled?

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smalljimmy

Member
25 September 2017
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I bought a car insurance in 2015 with 500 deductible. During 2015, I had a car incident and I was the guilty party. The bill was 950 (with 500 deductible). The insurance company suggested me to pay the full amount to avoid a penalty fee in the premium next year. I agreed and paid the 950.

In the beginning of 2016, my contract was canceled by the car insurance company. The reason was I had reported too many car accidents.

My question is, if the car insurance company canceled the contract, should they also repay me the 500 deductible I paid myself in 2015?
 

Tim W

Lawyer
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28 April 2014
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What do you mean by "500 deductible"?
 

smalljimmy

Member
25 September 2017
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Hi Tim, the deductible is normally paid by you and not taken over by the insurance company for settling a claim.
So if the total damage cost is 950, I need pay 500 and the insurance company just pay the rest 450.

In my case, the insurance company suggested me to pay the total 950 myself to exchange for the same premium next year. However, my contract was canceled by them in the next year, so it does not bring me any benefits by paying 950 ( 500 deductible + 450 otherwise should be taken over by the insurance company).

Do you think I can ask the insurance company to pay me back the 450 after my contract is cancelled by them?
 

Zerojay

Well-Known Member
12 March 2017
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Hi,
This is not legal advice.
I assume you are saying that the insurance company refused to renew your policy, which is different to the policy being cancelled? It is not clear whether you had further subsequent claims in 2015 but regardless,
Yes, I think you are entitled and ask the insurer to reopen the claim , you withdrew, and reimburse you $450.
 

Rob Legat - SBPL

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16 February 2017
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If you could prove that the insurer knew, or reasonably expected, that it would not renew your insurance at the time the suggestion was made not to make a claim, then you might have a case to seek compensation.

However, that may be difficult - particularly if you had any claims after that event.

You would also need to overcome the fact that you made a calculated choice at the time: pay less via claiming but have a higher premium next renewal; or don't claim, pay more and retain a lower premium. Given that you've said your insurance was cancelled due to 'too many car accidents' you must reasonably have been aware of the effect a claim would have on your premium.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Hi Tim, the deductible is normally paid by you and not taken over by the insurance company for settling a claim.
So if the total damage cost is 950, I need pay 500 and the insurance company just pay the rest 450.
Perhaps you are talking about an "excess"?
In my case, the insurance company suggested me to pay the total 950 myself to exchange for the same premium next year. However, my contract was canceled by them in the next year, so it does not bring me any benefits by paying 950 ( 500 deductible + 450 otherwise should be taken over by the insurance company).
Look at the contract, you may find in there a provision that allows them to cancel the contract at any time of their choosing.
In any event, the premium and the excess are different things.
Do you think I can ask the insurance company to pay me back the 450 after my contract is cancelled by them?
A part refund of premium? Possibly.
A refund of any excess paid on a claim? Almost certainly not.
 

Zerojay

Well-Known Member
12 March 2017
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12
319
This matter does not need to be complicated. In fact it is a very simple issue. The claim was not initially proceeded with on the basis of understanding there would be a future financial benefit. As that benefit has not materialised, the claim can now be reactivated. Based on information provided, the insurer has no basis to deny the claim.

This is not legal advice, but rather the opinion of a guy on the internet who worked for over 20 years in insurance claims.