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Nasty damage!

1K views 6 replies 7 participants last post by  mjb4450 
#1 ·
This happened to my brother. Tooling home from work in his 2015 SP shaker, all of a sudden, bang, bang, and a couple more bangs. Pulls over and the front right tire was flat (as was the rear eventually). Calls a flat bed, a tow truck arrives and tells him that he can't tow the car because its too low (to which my brother says, "I know that's why I asked for a flat bed"), the flat bed arrives takes it to the dealer. Next day, he goes into the dealer and asks for them to put it on the lift. Besides the TWO ruined wheels, there were FOUR holes in the floor between the two wheels. You read it right, HOLES. He said you could see the carpet. Anyway, once the crying stopped, he goes out on the road where it happened and within five minutes he sees a 18 wheeler U joint (he's in the trucking business) which he says weighs about 8 pounds. He surmises that because the front spoiler is only about 5 inches off the ground that the front of the car went right over it but the inside of the wheel/tire hit it just enough to send it up in the air banging its way down the floor pan of the car and then it clipped the inside of the rear wheel damaging it. He said that the insurance estimate was $10K, that they will have to cut out pieces of the floor pan and weld in new sections (ouch), and then replace the wheels. To add insult to injury, his insurance company told him that they have to consider this incident as an at fault accident. How's that for a bad day?
 
#2 ·
This sounds like a comprehensive claim...same as deer, hail,etc. I wouldn't accept a at-fault decision, as they will likely raise his rates. There may be limits to comprehensive claims in some states, but I'm not aware on of any limit in Alabama.

Would it have been at fault if he car caught on fire? Or how about if he hit a cow in the middle of the road and totaled the car? Those would certainly be rated as comprehensive claims. Road debris should fall under that as well.
 
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#3 ·
Dang….I would weld, fix the holes myself, and buy new tires and rims, or at least have insurance pay for tires. Think I would tell them I'll see a lawyer about it being my fault. But to be honest never ran over anything to see how a insurance company looks like this…can't believe 10K….maybe get second estimate. Bad day for sure.
 
#5 ·
Insurance companys are like roach motels. The money checks-in but it don't check-out. My house was guttted by fire and i had to sur them to get a fair settlement. They count on lowballing & hardaballing and people giving-up.
Get a mad-dog attorney and wait 'em out might take a while so surrender to the experience and no outcome for the foreseeable future.
 
#6 ·
Some States do vary as to what they consider an "at fault" accident. I know in my State, striking debris in the road is not, but striking fixed objects or an animal crossing or standing on the road is considered "at fault".

Have your brother contact the State Police/Highway Patrol and the State Dep't. of Transportation to ascertain how they view such an incident, with applicable legal citations. He or his attorney may have to present such supporting evidence to the insurer, in order to compel them to honor their obligation.
 
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