Auto Insurance Claims/Wheel Came Off

Advertisement

Expert: - 1/10/2010


Question
Three days ago a lady driving a car in the opposite direction of us lost her wheel & it came bouncing into us, blew out our tire, and caused extensive damage to our fender, bumper & rim and we nearly crashed.  Her insurance company went to view both cars (they are on the same lot) and determined right away that she wasn't negligent and have denied our claim.  Our insurance company is trying to find out their reasoning.  What on earth?  What if we had been killed?  The mechanic said her bolts were stripped & it was hanging by just one. Can I write to the insurance commission?  And if so, what steps do I need to take?

Answer
There can be instances in which something unforeseen happens, damages occur, and no one is actually liable under the law.  I'm not sure if this is the case here, though.

For example, your car might catch fire due to an electrial short and then damage nearby  property.  If the fire could not have been predicted, then no one is negligent.

In this case, it sounds as though someone was negligent or the wheel would not have come off.  It may not be the owner though.  It may have been a mechanic who worked on the car, or maybe there was a manufacturer's defect.  The owner's insurance company would only pay you if she was negligent in her maintenance or driving.

There needs to be an investigation to determine the cause.  Her insurance company will probably hire an expert to determine the cause.  Your insurer may or may not do the same.  You can file a complaint with the commissioner if you think there investigation was inadequate.

If you have collision coverage, I would let your insurer handle this.  If not, you may need an attorney.

Auto Insurance Claims

All Answers

Answers by Expert:

Ask Experts

Volunteer

Claims Guy

Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

©2012 About.com, a part of The New York Times Company. All rights reserved.