You are here:

Auto Insurance Claims/Would UMPD or COMP cover my repairs?

Advertisement


Question
QUESTION: This afternoon, I met a Chevy Tahoe or Suburban in a curve and the lady driving it was at least one foot on my side of the double yellow line.  I had to choose between swerving to the right and off the shoulder or hitting her head-on in my Mazda3.  Of course, I chose to swerve and my right front wheel hit a large pothole on the edge of the pavement.

I have not yet determined how much damange there is, but I'm concerned it will not be inexpensive.  There is some sort of oily fluid all over the back side of the tire and I first I feared the brake cable was severed.  I think the CV-joint boot is ruptured although I could be wrong.  I'm not sure what other suspension damange there may be.  The wheel alone is $400 and it is definitely bent.

I'm curious which of my coverages would apply in a situation like this.  Would it be Uninsured Motorist Property Damage ($250 deductible) or Comprehesive ($500 deductible).  My dad (who thinks he is the expert on everything) says the UMPD will cover it.  I'm not so sure.  

Please advise.  Also, should I file a police report of some kind?

Many thanks!

ANSWER: Without seeing your policy, I cannot say if UMPD would cover it or not.  In my state, UMPD only applies if there is actual contact between vehicles.  This is definitely not a comp claim.
The answers to this and whether a police report is required are in your policy.
Good luck!

---------- FOLLOW-UP ----------

QUESTION: Thanks for the information.  

You say it is definitely NOT a Comprehensive claim?  I've always understood Comp to cover things like broken windshields, vandalism, etc.  Is that correct and why would this situation not meet the criteria?

By having both Comprehensive and Uninsured/Underinsured Motorist coverage on my vehicles, I thought I had all contingencies covered.  Would there be any other type of coverage which could protect me in a situation like this one?

Thank you again!


Answer
Unfortunately, striking a hole in the road without making contact with another vehicle would generally fall under collision coverage only.  
If there are independent witnesses to an event like what happened to you, along with a police report, some insurers may stretch the definitions of UMPD to cover it.

To answer your question about comp, check that section of your policy.  It lists exactly what your comp covers.

Auto Insurance Claims

All Answers


Answers by Expert:


Ask Experts

Volunteer


webfoot

Expertise

Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.

Experience

20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background

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