What do I do after my claim is denied?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Aug 7, 2012

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Insurance Question from Chicago, IL

Asked on 08/07/2012

What do I do after my claim is denied? I was in a hit and run so I had to file a claim with my insurance.My insurance payed for my car to get fixed but after getting my car back I started to hear noises while driving. I took it back to the collision center and they told me to take it to the dealership which I did.They reported back that it was the rear differential.The insurance is denying this claim cause they say since most of the damage was in the front of the car (front door a little damage on rear door) there is no way it can effect the rear differential.Dealership confirmed that a hard enough impact could effect the rear diff

Answer given on August 09, 2012

If your car was damaged in an accident, and there was ensuing damage found, then the insurance company does investigate to see if the ensuing problem is related to the collision.In your case there are conflicting reports as to the cause of the damage. You didn’t indicate if there was frame damage to the car. If there was, then the damage to the differential could have been a result. However, as the insurance company is saying, since most of the damage is to the front end of the car, the damage to the differential may not be related.Apparently your car was repaired at a place other than the dealership. If so, have them check the car and see what they say. They may be able to convince your insurance company that the damage is related. However, they may not be successful. You then may try to speak to a supervisor to see if they will take a different postion on the claim.

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