Legal Question in Consumer Law in California

I got a car and my mom cosigned. She got insurance with Progressive a year ago and put both our names on the policy. She put my card information so they could take out the monthly from my debit since I use the car 100% of the time. My mom passed away in March 2013 but I still continued to pay for my insurance. In Sept 2013 I got into an accident that involved a police motorcycle hitting my rear bumper . I notified Progressive and after giving my statement a couple days later, they said the car is covered and with full coverage but just under my mom because they said I'm a policy holder but I'm not covered as a driver. I'm an "excluded" driver and that they have a signed document my mom signed online when shr registered us for insurance. After asking if I can get reimbursed at least from March 2013 when my mom passed away til now, they said no they don't do that. They are the lowest rates I've found when trying to get insurance again. But I just find it uneasy knowing what they did to me is wrong. I don't think my mom knew what documents she was signing. I dont think she did it to exclude me either. She got insurance with me so it'll be cheaper and she used my card information for the monthly. The whole document, okay I get it fine. But not to give back my money at least from the month she passed away til now is just ridiculous. I'm still trying to figure out how I can be on the policy but not covered as a driver. Please I hope you have an answer for me. Thank you.

Asked on 10/05/13, 6:23 am

1 Answer from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

My condolences for your mom's passing. This is truly outrageous and you should do something about it. First, although they are saying your mom signed an exclusion form on the computer, don't be so willing to accept that. Confirm and verify if it is true. Review your physical, paper copy of the policy declaration page to see if you are indeed listed as an excluded driver. Second ask them to give you proof of your exclusion. They can't simply claim that she excluded you as a driver under these circumstances. Request copy of the phone recording if your mom also made a phone contact at the time of the purchase. Third, file a complaint with the department of insurance. It is easy and can be done online. Fourth sue them in small claims and if you get a judgment in your favor send a copy to department of insurance for their future use.

Lastly, in this case, even if you were considered uninsured, your property damage will be covered by the negligent party. Prop 213 only affects and applies to pain and suffering.

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Answered on 10/05/13, 10:37 am

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