Auto Insurance Claims: Collision Removed from policy on Leased Vehicle MA, Accidentally deleted coverage!


Question
Hello Justin,

I rear end another vehicle and my car is in borderline of repairable and total loss. Back in August I was looking at my car insurance policy online and trying different methods to remove things to lower my monthly payment. In various times i tried to switch things around to lower my payments...Eventually I took the Collision coverage off.
Now that I got into this accident (of course) I am not covered. But my car is a lease. Toyota says there is no way the insurance could have permitted for me to remove collision if under the MA DMV laws as long as the car is financed or lease it requires to have Collision coverage. I called the insurance and said they would place a note on my file to review who accepted the change but did not know how long will it take or how would that help me. Can I find an attorney for this case? it was foolish of me to remove the coverage with me not even knowing what the word collision made but at the same time is it the insurance responsibility also? Someone mention to me that Toyota could have even taken the car from me if it did not have the required insurance.

Please Help,
Thanks

Answer
Wow.  That is definitely unusual.  Let me address the easy stuff first.  

1.  It is true that in every lease agreement I have ever seen, there is the stipulation that the person leasing the vehicle maintain coverage for damage to the vehicle (collision and comprehensive coverage).

2.  It is very easy (not proper) for the insurance company to "let" you remove coverage that you have purchased.  What if you couldn't pay, would they just keep on providing coverage because they "have to"?  No.  You are responsible for carrying insurance as required by the lease.

3.  Toyota can indeed repossess the vehicle if you are not meeting the terms of the lease.  

NOW, it is possible that the lease company has a policy that would be secondary in the instance something crazy like this happens, but you'll have to ask them if they do to find out.  I would definitely get an attorney if you can.  Although it is your responsibility to maintain coverage, the insurance company does have a duty to deal with you in good faith, and there could be some negligence on their part for not taking some measure to safeguard against dropping coverage on leased vehicles.  The answer to whether or not they are required to "protect you from you" is something that I think will be based in case law precedence that I am not qualified to interpret.  I hope that helps, and if it doesn't, you can surely follow up with me to find out more.  I'm happy to try and assist.  Information is always free at Petty Details, LLC!