Auto Insurance Claims: Wheel Came Off, nearby property, collision coverage


Question
Three days ago a lady driving a car in the opposite direction of us lost her wheel & it came bouncing into us, blew out our tire, and caused extensive damage to our fender, bumper & rim and we nearly crashed.  Her insurance company went to view both cars (they are on the same lot) and determined right away that she wasn't negligent and have denied our claim.  Our insurance company is trying to find out their reasoning.  What on earth?  What if we had been killed?  The mechanic said her bolts were stripped & it was hanging by just one. Can I write to the insurance commission?  And if so, what steps do I need to take?

Answer
There can be instances in which something unforeseen happens, damages occur, and no one is actually liable under the law.  I'm not sure if this is the case here, though.

For example, your car might catch fire due to an electrial short and then damage nearby  property.  If the fire could not have been predicted, then no one is negligent.

In this case, it sounds as though someone was negligent or the wheel would not have come off.  It may not be the owner though.  It may have been a mechanic who worked on the car, or maybe there was a manufacturer's defect.  The owner's insurance company would only pay you if she was negligent in her maintenance or driving.

There needs to be an investigation to determine the cause.  Her insurance company will probably hire an expert to determine the cause.  Your insurer may or may not do the same.  You can file a complaint with the commissioner if you think there investigation was inadequate.

If you have collision coverage, I would let your insurer handle this.  If not, you may need an attorney.