Expert: Richard Hixenbaugh - 9/17/2010

Question
I was in a fender bender recently. There was very minimal body damage just a couple of scratches on my bumper.  Cops were called, accident report filed.  Police told us we were free to go.  Two hours later, check engine light comes on.  Car stalls out.  Had to be towed to the toyota dealership.  Turns out, the radiator was cracked in the accident.  Anti freeze was leaking out on the way to virginia.  Needless to say, the car overheated and the engine was burned up.  Insurance company is refusing to pay claiming negligence on my part and categorizing this as mechanical damage and therefore not covered.  My argument is, had the bumper been dented, fluid leaking at the accident site, car smoking, had it been weeks or days even, I would understand but I think they are being unreasonable to agree to give me $2400 for the radiator damage but leaving me to pay the remaining $15,000. Id there the possibility that i can argue reasonability or that I could not have known that driving would have caused further damage?  I basically am desparate and would like to know if there is anything I can do to win this case.  Thank you for taking the time to read this.

Answer
Hi Shell,

It is the job of the insurance adjuster to find reasons to not pay claims. That is how insurance companies make their money. If as you claim, there was no indication at the scene of the accident that there was any fluid leaking nor was there any steam comming from the car, nor would any average prudent person have any reason to believe that there could be a problem, then the insurance company should pay the entire claim. They of course will continue to argue and you will need to argue back. It is possible that you may need to hire an attorney. If so, you should seek one that specializes in bad faith claim handling cases against insurance companies.

I hope this helps
Richard Hixenbaugh