Reader’s Question:
I submitted a comprehensive coverage claim for my car because it appeared that some form of chemical had accidentally been spilled or sprayed on it. I bought the car in 1989 and at my insurance company’s request; I took the vehicle to an automotive glass shop, to the dealership where I bought the car and to an automotive detailing shop. I received the written statements from all three saying the same thing, that my car had been exposed to acid rain. After submitting these statements to my insurance company, the claims adjuster wrote: “We must respectfully deny your claim which has been confirmed to be a result of acid rain based on that fact that we cover losses that are direct and accidental, (BECAUSE) acid rain damage is not covered under the personal auto policy.” I’m so furious and I don’t think that it’s fair. Is there a way to reverse their decision?
Marissa
Manchester, New Hampshire
Your insurance company’s denial of your claim in Manchester does not stand up to scrutiny. There are instances that insurers customarily pay for damage caused by tree sap as long as you carry comprehensive coverage under your personal auto policy. This is on the premise that the damage by a tree sap is “direct and accidental”. The challenge for you now is how to form a strong argument that the acid rain is any less so?
The loss is unquestionably “accidental” unless it can be shown that you deliberately wanted your car to be exposed to acid rain, which is highly unlikely. There is no question that your loss is direct as to the place of the damage (i.e. the exterior of your car) if ever you would be questioned as to whether the loss is “direct”. Furthermore, assuming that each drop of acid rain causes its share of damage, each occurrence is also “direct” as to the time of occurrence. Therefore, a lot of little losses accumulate before they become measurable. If your insurer continues to deny your claim, contact your state insurance department in Manchester, New Hampshire to find out how to file a complaint.
Tags: auto insurance claims, automobile
