Expert: Richard Hixenbaugh - 2/26/2009

Question
hi Richard,
I was recently driving my '05 BMW 330ci and hit a large pothole. Upon impact
the drivers, side airbag deployed. I was not speeding nor were any other cars
involved though I was boxed in and had no alternative but to hit the pothole.
I just received estimates to repair/ replace the airbag....(the initial inspection
surprisingly showed no other damage to the car). The estimate is $2,500 for
the airbag alone and I've just now discovered that the rim is bent and the tire
needs replacing which will add another $1,000 to the estimate for a total of
aprox $3,500.
My insurance states that "its a good news bad news situation" and they will
cover the costs however it will be under "collision" and since no one else was
involved, I will be at fault. This will affect my "California good driver" status
and my increase rates. Do I have any course of action other than accepting
this frustrating situation?

Answer
Hi Peter,

Unfortunately no. This type of damage is only covered by collision. The only possibility would be for you to sue the city, county or state that is responsible for the road maintenence. If you win your insurance would be reimbursed which may remove the increase in premium.

I hope this helps
Richard Hixenbaugh