My auto insurance claim was denied how should I proceed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My auto insurance claim was denied how should I proceed?
After hitting a pot hole on my s550 4 matic I
had 3 bent rim and a blow out. The transfer
case was damaged which was denied by the
insurance company as a mechanical issue and
they only paid for the repair of 2 rims. How do I
get justice if I feel the entire accident should
have been covered under collision?
Asked on February 19, 2018 under Insurance Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You have to sue the insurer. You sue the insurer for "breach of contract": that is, for violating their contractual (since insurance policies are contracts) obligation to pay for all the damage done. If you can prove in court that under the terms of the policy and given the facts of the damage and accident, they should have paid, you can get a court order requiring them to pay the additional amounts. Unfortunately, only by suing can you compel them to pay; you need to consider whether it is economically worthwhile to do so, since you may need to hire a private adjustor or auto mechanic to exam your car and testify in court that they feel the damage resulted from the accident, not mechanical issues.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.