What to do if my insurer is refusing to reimburse me for the cost of replacing 4 tires?

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What to do if my insurer is refusing to reimburse me for the cost of replacing 4 tires?

I was exiting off a freeway, slowing to 50 mph as I exited. A light pole had fallen across the roadway and I ran over it damaging all 4 tires. I was not cited and reported it to my insurance company who is saying I am at fault because I was going to fast. feel I was not going to fast and regardless a lightpole should not have been in the road. I think my insurance company should pay me for tires and they should get reimbursed by the city.

Asked on April 26, 2012 under Insurance Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have several options with respect to the accident that you were involved in where your insurance carrier is refusing to reimburse you the costs of the replacement of the four tires on your vehicle.

You need to remember that under the law, you do not get the value of brand new tires that were on your vehicle assuming you can get reimbursement. Rather, you get the fair market value of the tires at the time of the accident.

If your carrier refuses to honor your claim concerning your tires, you can do the following:

1. write your state's department of insurance and make a complaint against your insurance carrier. This entity regulates and oversees insurance carriers in your state.

2. bring an action against your insurance carrier in small claims court for the fair market value of the tires at the time of the accident.

You might consider consulting with an attorney that practices in the area of insurance law as to any further questions that you may have concerning the matter that you have written about.


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