About Bennie 719 Expertise I have extensive knowledge in Personal Auto, Homeowners Insurance and Personal Umbrella coverage. Also thoroughly familar with claims handling procedures. Will not be able to quote rates because I took an early retirement. I still maintain a valid California Property/Casualty Agent/Broker license.
Experience Experience in the area: I have been answering questions at allexperts.com since 2002 in the catagory of "Property & Casualty Insurance". Licensed in California since 1961, first in Life/Health for 3 years and as a Property/Casualty Agent/Broker since 1964. Retired at age 58, but still complete my 30 hours of continuing education every two years in order to keep renewing my license.
Insurance Law - Insurance Claim denied on Tire Blow-out Damage
Expert: Bennie 719 - 7/30/2009
Question My car was park in the parking lot of my employer. My employer's business sits on a busy stripe with Truck Leasing companies, Truck Sales lots, etc. My car was damaged my a Flatbed Truck tire that had a blow-out. The Tire blew off the truck landed on the hood on my car, and on to the hood of another car sitting next to mine along with 2 other cars. I called the driver's insurance company to file a claim, and was told that the insurance company could not cover because it was an ACT OF GOD. What are my rights???
Answer Hi Carol,
You didn't mention your state of residence, so this must be happening in the
Twilight Zone based on the illogical response from the adverse company.
Although there are separate exclusions that apply to each coverage, during my
48 years in the insurance business I have never seen an exclusion on an auto
policy for "an act of god". Although I have not read every single policy from
all companies doing business in the 50 states and the District of Columbia, I
feel confident that such an exclusion DOES NOT exist in any personal auto policy.
That exclusion does appear one time in a home policy and refers solely to a
situation where a healthy tree falls and causes damage to detached buildings,
fences or your neighbors home.
You have several options in this situation.
1) If you carry comprehensive coverage on your vehicle, you can file a claim with
your own company (damage caused by a falling object) and they will pay to repair
your car, less your deductible. They will then file against the adverse company
to recover their expenditures plus your deductible which they will refund after
collecting.
2) State insurance law requires that an insurance company acts in "good faith" to
settle a claim. Failure to do so is considered "bad faith" and opens that company
to sanctions and fines by the department of insurance as well as a lawsuit from you
for putative damages. By using a non-existent exclusion to deny or delay your claim
that company is guilty of acting in "Bad Faith".
3) If you don't carry comprehensive coverage on your vehicle or simply prefer to
have the at-fault company make the payment to you, you need to contact them and
DEMAND that they provide you a written reason for the denial of your claim.
4) Once you have their reason in writing you can file a complaint with your state
department of insurance and I assure you that you will be paid almost immediately.
5) Or if you really want revenge against such shoddy treatment and avoid allowing the
company to treat other claimants the same as you are being treated, take the letter and
a copy of the police report to an attorney who advertises as being a specialist in bad faith
claims and he will take your case on a 'contingency' basis, meaning that if he doesn't
collect he gets nothing, but if he collects he gets a percentage of the award. He
will file a lawsuit for your damages and for an additional 1 Million Dollars for
putative damages.
Please write me again if you have more questions. Include your state and the name of
the adverse insurance company.
I hope that you find this information helpful. Your feedback by rating my response will
be appreciated.
