Auto Insurance Claims: collision with overhead objects, claim denial, overhead object denial

Question
QUESTION: I rented a U-Haul truck and bought their damage waiver.  I backed into a tree trunk and slightly damaged the top of the truck.   The fine print on the waiver says it does not cover "collision with overhead objects, including but not limited to bridges, parking garages, overpasses, trees etc".   But I backed into the lower part of the tree trunk, not into an overhanging branch.   Is that still an excluded "overhead object"?
Thanks a lot for your help!

ANSWER: Well. This will be very difficult. If U-Hal’s carrier (and/or their insurance company) treats you right, they will get a recorded statement from you and try to determine if the accident indeed happened with an overhead object. They might even go to the place and see what damage was done to the tree.

As you stated, it could have been an over hanging tree branch, which could be an “overhead object.” If they do not treat your right they might not even investigate the claim.

In either scenario, you might want to get your own insurance company involved. This is somewhat of difficult thing, but your insurance company will also do an investigation and determine whether the damage waiver applies or not.

If it does, then they will not provide coverage (they are secondary insurance). This will allow you tot have both insurance company determine who pays. Your insurance company will be working hard to show that the tree was not an overhead object (they will not want to pay).

An investigation must happen, and both insurance companies will be pointing fingers at each other. Visit:

http://www.auto-insurance-claim-advice.com

Good Luck,
Anne

---------- FOLLOW-UP ----------

QUESTION: Thanks so much for your response, and your website.   I really appreciate your time.

I don't want to tell my own insurance company, because they might raise my premiums.

I hit the slightly sloping trunk, not a limb.  This is easily verified.   
Do you know who will decide how the term "overhead object" applies to my situation?   Is there a standard dictionary they'll use?

E.g. most web hits for "overhead object" and "tree" refer specifically to "tree limbs".

Thanks for help,

ilya


Answer
Hello Ilya,

Well, you can certainly deal with this yourself and keep your insurance company out of this. The problem is that there is no one dictionary that they use. In reality, the term will have to be explained by case law. It is up to the courts to determine and define this type of thing, unless it is defined within the policy. It appears that it is not, but it might be.

Common sense would say that it is not an overhead object, but it truly is up to the insurance company adjuster.

You can dispute but again, it will be either a case law or a dispute on insurance.

However, you never know, they might cover this without any hassle, in which case no need to get worry about anything.

I hope this helps, and I am sorry that I do not have any more information.

Good Luck
Anne.