My auto insurance claim was denied how should I proceed?

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My auto insurance claim was denied how should I proceed?

After hitting a pot hole on my s550 4 matic I
had 3 bent rim and a blow out. The transfer
case was damaged which was denied by the
insurance company as a mechanical issue and
they only paid for the repair of 2 rims. How do I
get justice if I feel the entire accident should
have been covered under collision?

Asked on February 19, 2018 under Insurance Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have to sue the insurer. You sue the insurer for "breach of contract": that is, for violating their contractual (since insurance policies are contracts) obligation to pay for all the damage done. If you can prove in court that under the terms of the policy and given the facts of the damage and accident, they should have paid, you can get a court order requiring them to pay the additional amounts. Unfortunately, only by suing can you compel them to pay; you need to consider whether it is economically worthwhile to do so, since you may need to hire a private adjustor or auto mechanic to exam your car and testify in court that they feel the damage resulted from the accident, not mechanical issues.


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