insurance co wont cover damage under hood

by Kathleen
(Yarmouthport, MA)

My car was in collision with front end damage and leading some kind of green fluid underneath. Car was towed to garage, then insurance co had me tow it elsewhere to get it fixed quicker.

All that was repaired was front exterior even though I was insisting thoughout there was a leak of some kind. Garage told me nothing wrong all fluids topped off and I drove it home. the next day, it started to make really loud thumping type of sound under the vehicle.

I thought the engine was seizing so I had it towed to a mechanic, then insurance co told me to tow it back to body shop that did body work, they still are saying nothing is wrong and I should just drive it home.

I am afraid to drive the car in case the engine or something will seize and I will have no vehicle. The body shop also stated it is possibly the ac condenser but they are saying it was already broke. It was not broke.

How do I handle trying to get this repaired? I have not had my car since 3/1/08 and they will not approve me for a rental.

Thanks,
Kathleen


Answer

Hi Kathleen,

I am sorry to hear this issue. Well, if I was you, I would send a complaint to the state insurance commissioner or the department of insurance. There you will tell them that your car was in an accident and regardless of your full coverage and/or rental payment, the insurance company has declined to pay for the repairs.

The insurance company will either pay or they will try to document the fact that this was prior damage. They will probably have a mechanic or some other professional determine whether this is prior damage or no, and put it on writing.

Remember, they have the burden of proving why this is not related to your accident. You have the burden of proving that there is an accident and there was damage. No this burden usually shifts to them to explain why the damage is not cover. The must do this by giving you evidence, not a simple denial.


As always, You are encourage to talk to an attorney.

Good Luck