Can Your Auto Insurer Alter Your Insurance Policy without Your Permission?
March 17, 2025Article Summary: Insurance companies sometimes attempt to alter policies mid-term without the insured’s consent, as seen in a recent case where an insurer denied coverage based on an unagreed “policy amendment” letter. Ohio law generally prohibits such unilateral changes during the policy period, requiring mutual agreement and consideration. This highlights the importance of seeking legal counsel after an auto accident to protect your rights and secure fair compensation.
As any experienced personal injury attorney will tell you, dealing with insurance companies is no easy task. Whether it’s another driver’s insurer or your own, insurance companies are always happy to accept premium payments, but are ready with a dozen arguments when it comes time to pay your claim.
One recently-seen argument involved an insurance company that sent a “policy amendment” to their insured in the middle of his policy period – in other words, an insurance company attempting to alter your insurance policy. This individual was subsequently injured in a car accident and filed a claim with his insurance company, only to have the insurance adjuster tell him that there was no coverage because of that “policy amendment” letter. In other words, even though the insured accident victim had never agreed to any change in terms—he merely received a letter in the mail—his insurer refused to provide him with the coverage he had purchased.
While the adjuster’s argument may have fooled or confused an unrepresented victim, this individual sought legal counsel to protect his rights under Ohio law. The law clearly establishes that, except in very limited circumstances, they cannot alter your insurance policy during the policy period except by agreement of the parties. Cincinnati Ins. Co. v. Kyung Song, 8th Dist. No. 97379, 2012-Ohio-1062, P25 (discussing R.C. 3937.31). Amendment letters like the one sent out by the insurer here do not take effect until the expiration of the policy period, unless both of the parties assent and provide contractual consideration for the change in terms. Storer v. Sharp, 8th Dist. No. 86525, 2006-Ohio-1577, P15. This means that, generally speaking, car insurance companies cannot unilaterally alter your insurance policy during your policy period without your consent.
This particular adjuster’s argument is just one of many that you may hear if you choose to pursue your auto accident claim without the help of an experienced motor vehicle accident attorney. Remember, insurance companies—even your own—want to pay you the minimum amount to settle your claim, and they employ adjusters with extensive experience in getting victims to settle low. If you are injured in a motor vehicle accident, contact an attorney immediately to ensure that your rights to pursue compensation are fully protected.
Moreover, under Ohio law – specifically R.C. 3931.22 and 3937.23 – insurance companies cannot raise your rates simply because you were involved in ONE collision during the policy period provided that (1) you were not at fault for the collision AND (2) you were not convicted of any violation of law as a result of the collision. This includes a collision with an uninsured or underinsured driver. Of course, if it was your second or third collision during the policy period, were at fault, or otherwise convicted of some traffic offense, your rates may increase.
The Cleveland personal injury lawyers of Lowe Scott Fisher Co., LPA have spent years representing auto accident victims through every stage of litigation. For a free telephone consultation, call (330) 583-1505.
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