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 Posted: Sun Jan 08, 2012 6:00 am Post subject: Is a wind blown dumpster excluded under act of god? |
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| My daughters claim is being denied due to Act Of God. A dumpster that did not have its wheels locked blew off the ramp and damaged her car. Wouldn't this be like a shopping cart blowing into your car which I know is a covered claim. |
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RandyBach
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| Posted: Sun Jan 08, 2012 6:07 am Post subject: |
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Does your daughter have comprehensive or collision insurance coverage for her car? How much is the cost to repair? Who is denying the claim, her car insurance company, or the insurance company of the owner of the dumpster?
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Robert742
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| Posted: Sun Jan 08, 2012 6:14 am Post subject: liability only |
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| I know her company would cover it under comp if she had physical damage. It is the owner of the dumpster that wants to have it paid for but his insurance comnany is denying coverage. |
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RandyBach
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| Posted: Mon Jan 09, 2012 7:17 am Post subject: |
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It doesn't matter what the owner wants, it only matters if he was negligent in failing to secure the dumpster.
I would contact the owner's insurance company again, threatening to file a complaint with your state's department of insurance. If they still decline the claim, contact the doi to see if you should file a complaint. You may need to sue the owner in small claims court, but I would make sure you have a valid case.
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You can save $100s on car & home insurance, but you have to shop to find the company saving you money. See complaints, & customer satisfaction ratings for all the leading insurance companies at: http://www.smartshopyourcarinsurance.com |
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Robert742
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| Posted: Mon Jan 09, 2012 10:37 am Post subject: |
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| Quote: | | I know her company would cover it under comp if she had physical damage |
It would be a collision loss, not comprehensive.
| Quote: | | It is the owner of the dumpster that wants to have it paid for but his insurance comnany is denying coverage |
I doubt they are denying coverage... they are denying liability. Unfortunately the owner cannot spend someone else's money. If he wants it paid, he can always pay for it himself.
Have you asked the other person's carrier about the failure to lock the wheels? Let them know that their insured appears to be accepting liability and as such, would be a terrible witness for them in small claims court. Ask them to reconsider and if they don't then you can file suit against the owner of the store. |
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tcope
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