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Auto Insurance Claims/Parking Brake Failure.

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Question
Lets say I am in the US, and I have a car with only liability coverage.

Lets also say I park my car on a hill in neutral with only the parking brake holding it, or only in "Park" (AT)/gear (MT) without the parking brake set.

Lets then say that for some reason there was a failure, and the car rolled into my neighbors garage door destroying it.

In any of the variations of the aforementioned situations, could my auto insurance provider refuse to cover the damage to the neighbors garage door, leaving me with the repair bill, by claiming that I was negligent because I didn't set both the parking brake and the car into park/gear?

I'm not really interested in the probability that they would refuse to cover the damage to the neighbor, but more interested in if it is in fact possible for an auto insurance provider in the US to refuse to cover the damage to the neighbor (no matter how low a probability it may be).

Answer
 Hello Catherine,

Does the law in NC require that you must park on hills with the parking brake engaged?  Or that the car cannot be in neutral with the parking brake engaged?  And which one was it?  

How does the carrier know under which conditions your car was parked?  Did they send a mechanical expert to the scene to evaluate your car?  If so, who was that expert? What tests did they perform? How were they able to determine if the car was in park or if it was in neutral?
Did you violate any traffic laws?  If so, which ones?  Were you charged?  What did the court determine?  What proof was there to substantiate either that you were in neutral or in park - with or without the parking brake engaged?

Where in your policy does it state how you have to park in order to receive policy benefits?  Was that policy cited in the denial?

Absurd?

Not as absurd as an irrational,unsupported denial to avoid payment of a claim.

Speaking hypothetically, of course.  In the US, of course.

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Jane Pytel

Expertise

I can answer questions related to auto accidents, auto damage, auto theft claims, or personal injury claims. I am specifically suited to answer questions concerning insurance investigations and the effects of those investigations such as claim delays, claim denials, examinations under oath, or the special investigations unit. I can answer most any question that relates to proper claims investigations, or claims handling procedures and processes. I have authored several ebooks which provide claim guidance for consumers. Those books are available on Amazon Kindle: Power To Profit - will provide you with the knowledge you need to overcome the patterned obstacles that insurance companies will use to delay, devalue, or deny your valid insurance claim. The No Nonsense Guide to Accident Settlement - Teaches you how to manage your claim, how to identify the precise tactics likely to be used against you, and how you must respond.

Experience

12 years of experience with 3 major insurance companies. I hold an all lines adjusters license in Florida. I am well versed in claims handling, claims investigations, and industry standards related to both. The bulk of my experience stems from my 10 years as a police officer / detective. Building on that investigative experience, I became an SIU (Special Investigations Unit) Investigator. Accordingly, my unique expertise lies in the investigation of claims. What is necessary and related, what is not necessary and related? What constitutes a fair claims investigation? What recourse is available for consumers who suspect they are experiencing unfair claims delays? During the course of my experience, I became a certified trainer, instructing adjusters and investigators proper techniques for claims investigation and claims handling.

Education/Credentials
B.A., Communications, University of Miami 350 credit hours of intense investigative training, Miami Dade Police 80 hours of investigative training, various Federal Agencies, Miami, Fl Intensive Accident Reconstruction and Pedestrian Injury Analysis, NHTSA, National Highway Traffic Safety Agency, Oklahoma City, OK 2 weeks Auto Damage Appraisal, Winston Salem, NC Legal Principles Claim Specialist, AEI

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