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Collision as a resut of mechanical breakdown. Is it covered?
(Huntington Beach, CA)
I have a limousine that was coming from Las Vegas back to Los Angeles. In the middle of the road, it suddenly broke down, and the driver had to stop and wait for a mechanic to fix it. A mechanic went there and tried to repair the vehicle, but wasn't able to, then it was already too late at night and he had to wait until the next morning for us to send a two truck and move the car to a mechanic shop to be repaired.
The driver was sleeping in the back of the limo, and suddenly, he said he noticed the car was moving, and by the time he got out of the car, it was already going to the road, and right away a car hit it on the front (he doesn’t know why it moved, but my guess is that the hand break was not properly applied).
The police gave a report, and it explains what happened, and said it was definitely an accident.
However, I was reading my insurance policy today, and I noticed this paragraph under the exclusions section:
3. We will not pay for “loss“ caused by or resulting from any of the following unless caused by other “loss“ that is covered by this insurance:
a. Wear and tear, freezing, mechanical or electrical breakdown.
b. Blowouts, punctures or other road damage to tires
I dont want to be unprepared when I make the claim, so I just want to make sure. Does this paragraph just basically means that mechanical repairs are not covered? or do you think that they will try to deny the claim because the car was stopped in the middle of the road as a result of mechanical breakdown? What do you think? Should I expect trouble, or it should be fine?
Thank you very much
Chances are that this loss is covered. The original repairs (the reason why the car was disabled) will not be covered as those are mechanical breakdown. However, the other damages should be covered as the proximate cause of the accident was not necessarily the mechanical breakdown but the inattention of the driver / person in control of the vehicle.
As always, it is very important that you talk with a local attorney!
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