insurance claim on automobile

Wheel damages and mechanical damages
that occurred during an accident are
being denied coverage only body repairs
were covered so is my insurance liable
for repairs I have full coverage

Asked on May 31, 2016 under Insurance Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your insurer is liable for whatever the policy says they must pay: an insurance policy is a contract. Review the terms of the policy to see if wheel and mechanical damage are also covered. If they are, they have to pay unless the damage was not caused by the accident: i.e. they don't need to pay for wear and tear or pre-existing damage. If you believe they should pay, under the facts of the accident and terms of the policy, but they will not, you could sue them for breach of contract to enforce the policy's terms. To win, you'd have to prove the terms of the policy (which you can do by showing the court the policy) and that the damage came from the accident (it would be useful to have a mechanic, etc. testify as well as yourself).


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