Expert: Ron Cercone - 3/10/2010

Question
Hi,
A friend came over to help up with a grading project. He brought over his tractor on a 16ft flatbed trailer. After we were done for the day, my friend drove the tractor up onto the flatbed. Something happened with his truck, and the truck, flatbed trailer, tractor and my friend went flying down the hill and crashed into my brother-in-laws boat. No one was hurt but the boat was smashed between the truck/trailer and a big tree.

The insurance co is giving everyone involved the run around. The latest statements made to my brother-in-law are that my friends insurance is in question and they are not going to pay for his boat and that they will not pay to have any of the vehicles removed from my property. The boat is resting on top of the truck so when they move the truck the boat will fall off the boat trailer.

My friend has never had a claim and is in good standing with the insurance company. My friend is also getting the run around. First they told him that his truck and trailer were both totaled. They said that his flatbed trailer will not be covered even though it was attached to his truck during the accident. Now they are saying that the truck is not totaled. They keep changing their story. This is a big mess.

I think they are just telling my friend and my brother-in-law stuff so they will be happy with any settlement that is offered.

How can the insurance co not pay for my brother-in-laws boat? How can they not cover the flatbed trailer?

This is a mess and I really feel bad for all involved.

Answer
Lynne,

You have not given any "specific" reasons as to why the insurer is denying the claim. for example some policy provision, legal provision, etc.

You have a right to get the denial in a written letter and they must cite specific reasons, not just "we deny your claim".

I suspect your friend is not giving you all the information. And your brother in law needs to get your friends attention with a demand for compensation and threat to litigate letter. If your brother in law has not been contacted by your friends company insurance adjuster, its possible your friend never turned in the claim.