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My insurance don't want to cover

by Luis
(Waco, Texas)

I was in a car accident were witness and the police report say it was not my fault the person on the other car was charge with "improper turn" and "Left turn- wrong line" we both were going the same direction and she decided to do a u turn and did not see I was next to her and I strike her car on the left side the other car roll on to the tops.

Thanks to God nobody, got injured. The other car was total loss the problem is that she did not have insurance so I did the claim to my own insurance everything was good and they send me a check to repair the damages of my truck but they did not include the repair for the dash board of my truck which got crack, they said that they don't think it was cause by the accident, they said is do to a industry acknowledged flaw in the material of the dash assembly of the year, make and model of my truck (2003 dodge ram 1500)causing to crack due to normal wear and tear. I know my dashboard was not crack.

My truck is 8 years old but the dash board was not crack and got crack after the accident. I have told my adjuster this and I ask to speak to his supervisor and he told me the same that the crack were not due to the accident but it was!!! he told me that the only way they going to pay is that if I prove him with pictures of the dashboard before the accident which I don't have!

how can I fight this ?

and is it good to fight or sue my own insurance company ?

what would happen if i do?


Hello Luis,

Well, you need to find pictures. Try to give the insurance company what they want. If you do not have that, then remember that you have the duty to show that a loss occurred (i.e. there was a car accident), then they have a duty to show that the damages are or not related to the collision.

Typically, dash boards do not crack like that, but it does not mean that damage occurred because of wear and tear.

Suing your insurance company is usually expensive, but that is your call. Try contact the office of the insurance commissioner and/or the department of insurance and filing a complaint there. Usually, the insurance company has to articulate (with evidence) their position. This may be the final push to the claim covered.

Good Luck,

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