Insurance refuse to provide coverage because of no picture inspection?

by Nick

I was recently in an accident and my insurance company won't pay damages done to my car because I didn't get it photo inspected. I bought the car 2 months ago from a certified dealership. I paid for the insurance in full and I have the receipt of payment and all but the insurance company won't pay for ANY of the damages to the car after the accident.

The car is wrecked. Can they do this?


Answer:

Hello Nick,

This does not sound right. Something is missing here. You have a duty to report a claim, show that there is coverage (you paid your premium), and that the accident happened (police report, damages etc.). The burden shifts to the insurance company to show that coverage does not apply to your situation, either because an explicit exclusion on your policy applies or because there might be coverage issues (like fraud, non payment, etc.).

A requirement that pictures be taken is not reasonable. I have never seen an auto policy spell that requirement out. However, you need to read your policy or ask the adjuster (ask to have them put it on writing) to show you where in your policy you are required to take pictures before or after inspection. If the policy does not specifically say that, then you are not required to that and coverage is not bound upon the necessity of photographs. If the policy does say that, they need to provide you with that. Again, they have a duty to show that there is no coverage and they must do that clearly and unequivocally.

Again, this does not sound right. Insurance companies will make up excuses (like there are no pictures) but in reality they have other reasons why they do not want to cover the loss. They might feel that the accident did not occur as you reported it, or that the damage to this vehicle was already there. It is hard to know, but usually insurance adjusters believe there is something fishy behind the scenes and they are investigating while the give you the run around until they find something.

If you have nothing to hide, allow them lot look at whatever they have to look at. If you feel like they are framing you or simply being unreasonable, talk to a lawyer. In addition, remind the adjuster that they have a duty to you and you feel that they are not being 100% truthful. Also contact the office of insurance (department of insurance or office of the insurance commissioner of your state), here is a link to a table with a link to every department of insurance of every state (sorry I am not sure which state you are writing from). Visit: http://www.auto-insurance-claim-advice.com/car-insurance-agent.html.

You can file a complaint, in which the insurance company will have to explain in detail why your claim has been delayed, or denied. Remember, the insurance company has at least 30 days to investigate. If you file a complaint within that time, the department of insurance might not require them to answer as the claim is still under investigation. If you are past that point, they will have to answer.