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Adjuster Claiming Accident not Related to Car Damages
In December 2009 I ran over a snow/ice pile which was in the middle of the road. My car immediately started making a noise and the check engine light and cruise control light went on.
I took it to the mechanic who ran diagnostic an they found it was a problem with the turbo.
The insurance company tried to say it wasn't part of the accident, but the mechanic replace a part which was cheap (under $200) so the insurance company did end up allowing it as part of the claim. I took my car to the mechanic again in September and they found the same problem.
They attempted to replace the turbo part again claiming it was a faulty part originally, but that didn't fix the problem this time. Now the mechanic said my car needs the entire turbo replaced. Now the insurance adjuster is saying they will not pay and it not part of the original accident.
I had a witness in my car also at the time of the accident. I am 100% positive the original mechanic never fix the problem correctly. What are my options in getting the insurance company to pay for the damages?
You have a problem of coverage here. Mechanical break down is usually excluded from the policy. If this is a problem that arises out of the accident (the hit), then there could be coverage.
You have a duty to show that an accident occurred. Then, the burden shifts to the insurance company to show that there is an exclusion and that exclusion applies. They may have to have an expert or some other kind of mechanical professional showing that the Turbo was damaged for some other reason than your accident. Also, the fact that they allowed it in before as part of a claim may constitute a waiver.
From here, you will want to talk to a lawyer and contact the office of the insurance commissioner of your state to see how you proceed.
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