Expert: Doctor Settlement - 11/20/2006

Question
I had a blowout on my pickup while towing my 5th weheel RV.  Damage was done to my pickup by the tire.  Insurance company says this is collision since the tire hit my pickup when it blewout.  I think it is comprehensive and not collision.  Can you help me?  Thanks.  

Answer
Dear Larry,

We do have a real life insurance agent or adjuster here as an expert and you may wish to ask him this question --- for two reasons.  First, he would know more than I the usual clause interpretation.  Second, you may like his answer better than mine since I am going to side with your insurance company here.

Of course I have no idea what I am talking about inasmuch as you have not provided the language of your policy.  In all insurance disputes the first place to look is the policy itself.  The answer is there.

But even without the policy we can take a general guess at what the right answer should be.  First, let's consider that most policies agree that collision is designed to pay for damages when your vehicle collides with anything.  

It could be a car, or a fence or a pole, or a tire rolling down the roadway.  

Logically, what difference should it make whether or not that tire came off a truck 100 feet ahead of you or off your truck 10 feet ahead of your RV?

I cannot see any difference that would impact the insurance coverage or premium risks, so I assume that the damage caused by a tire rolling down the roadway is collision damage, irrespective of the source of the tire.

Just for clarity, we usually think of comprehensive coverage as relating to damage caused by something other than on the roadway.  If it happened on the roadway by contact with something else on the roadway, we look at that as collision.  

By contrast, theft or fire or storms or hail or the like will be compensated under your Comprehensive Coverage.

Of course, both of these are subject to your deductible, which I am guessing is a lot higher in collision that comprehensive for your policy.

Sorry if this is not what you wanted, but don't shoot the messenger!

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com