Legal Question in Insurance Law in Colorado

Insurance co. refuses to pay full extent of auto damage

My F-150 truck was parked and was hit by a driver at such an impact that it was pushed back five feet or more. The viewable damage is the bumper, front panel and a broken windshield. The unseen damage involves the motor; the dealership told me not to drive the truck because it will cause further damage. They suggested that because of the below freezing weather and very hard impact, it could have caused the internal problems and windshild breakage. The at-fault driver's ins. won't provide a rental car (going on a month) and will only cover the viewable damage to the bumper. Even though the dealership told me not to drive the truck due to internal damage, they told the adjuster they did not know if the damage was caused by the accident. I am at a loss as what to do. My ins. deductible is $700 so I can't afford to have my company pay for repairs; I can't afford to pay for a rental car and friends are getting tired of driving me to work; I need transportation. How do I defend my claim for internal damage and windshield breakage since the dealership told the ins. adjuster they did not know if the accident caused the problems? how do I fight a powerful insurance company?


Asked on 1/04/06, 1:59 pm

1 Answer from Attorneys
Francisco Romero F.L. Romero Esq., P.C.

Re: Insurance co. refuses to pay full extent of auto damage

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You have the same ZIP code, so you must be close. Sounds like a mess, sorry to hear about it. This situation is not an easy one. You have a property damage claim. The insurance company will always try to low-ball the claim - pay out as little as possible. If you don't agree with what they offer, then your only option is to sue their insured for the property damage and prove up the damages in court. To do that you will need an expert to testify about the damage - usually someone from a repair shop. You might think about getting several repair estimates/evaluations of the damage done. The hard part will be proving that the internal damage was caused by the collision. The dealership sounds like they are opining that the damage "may" have been caused by it, but they can't say for sure. This may be hard to estimate if the truck was used. It is not unlike a "pre-existing" injury situation with physical injuries - you need an expert who can testify that the damages are the result of the collision or likely the result. Perhaps prior maintenance records can show that the truck had no internal problems (best if they are close in proximity to the time of the collision). The real down side here is that you are forced to sue if you won't accept the insurane co.'s offer and that can be expensive - maybe not much if you represent yourself, but the insurance company will have a lawyer, so I don't recommend that you go without one either. You might have better luck hiring a lawyer to try to negotiate a better deal for you - that will let the insurance company know you are serious and that suit is the next step. You might also check with your insurance carrier to see if it and the other company are members of an arbitration compact that requires both insurance companies to arbitrate a dispute on coverage - talk to your carrier about any ways it might help you, can't hurt.

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Answered on 1/04/06, 3:10 pm


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