Can my insurance deny damage occurred to car ?

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Can my insurance deny damage occurred to car ?

My parked car was involved in a hit and run .
There was substantial damage to the right side
of the vehicle and a cracked windshield on the
driver side . My insurance will cover my car
collision with a deductible but stated I have to
pay a separate deductible and file a new claim
for damage to the windshield , which was not
present when I parked my vehicle. Im a
responsible for the windshield damage since
the insurance company does not believe it is
related , even though the damage occurred at
the same time?

Asked on December 6, 2017 under Insurance Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They can refuse to cover damage which they feel was not part of the same incident or accident. Of course, an insurer is not a court: their opinion or determination is no legally binding. If you disagree, you have the right to sue (such as "pro se," or as your own attorney) the insurer for "breach of contract," or violating their contractual obligations (insurance policies are contracts) to pay all damages arising out of the same accident while applying only a single deductible. If you can prove in court by a "preponderance of the evidence" (that it is more likely than not) that all the damage occured together, you can get a judgment (court order) requiring them to pay.


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