QuestionI have 2008 Ford F-350 that runs on diesel fuel. Shortly after fill-in up with disel(still have the receipt)the truck broke down. Based on the result of fuel anayliss ford concluded that the fuel was contaminated with extraodinary amount of water which made the repair unwarrantable.Because I have comprehensive coverage I submited a claim to my insurance company under vanderlism, but they are refusing to honor stating that is not vanderlism because there was not a direct malicious intent. My stands is that it doesn't matter if it was direct or indirectly the fuel was contaminated and caused the engine damage which should constitute vanderlism. Do I have a legitimate point ? If so what do you recomend my next move should be?
Thank you Robert English
AnswerHi Robert,
That is a frustrating dead end to reach, but I am not going to be able to provide much relief for you. First off, THANK YOU FOR BUYING AMERICAN. That is important.
Second, perhaps you may wish to consider finding another expert who knows contract law. Maybe they could help because I am not seeing any claim versus your own auto insurance here. Your claim appears to be versus the filling station and its insurance will cover the damages.
In my book, auto insurance deals with what happens TO YOU AND TO YOUR VEHICLE. I am going to give you two answers since it is not clear whether or not the water came from someone messing with your truck or from the fuel you purchased.
Scenario #1: If the problem was with the fuel fill up, you have no auto insurance claim.
If the truck had been fouled up earlier that day, perhaps you could contend someone messed with your fuel.
But you mentioned that the truck had no problems until after the fill up. So if the truck was running fine until the fill up, the only source of problem is the fuel you purchased.
Hence, no one did anything TO YOU OR TO YOUR TRUCK, and your insurance has no obligation to cover you for bad fuel sold to you by a third party.
Your auto insurance does NOT cover a case wherein someone put water in the fuel at the filling station. You have a cause of action versus the filling station. File it in small claims court and take all of your documentation with you. It costs around $40 to file. No attorneys are allowed. It is a simple procedure and the filling station will call their insurer and that insurer will pay
Scenario #2: If the problem was due to someone vandalizing your vehicle.
Maybe the fuel at the station was perfect and it was instead water that someone put into your tank. I do not know how you prove that. But assuming you can somehow prove that, THEN your insurance would have a duty to pay.
Their duty to pay should NOT EVER depend upon the inane test they mentioned to you regarding a state of mind of the perpetrator. How would anyone ever prove that a vandal had "direct malicious intent"? That would render the insurance worthless since no victim could ever know or prove what was in the mind of a criminal or a tortfeasor unless he were right there in the dead of night to conduct an interview. Duh!
Ask that doofus adjuster to show you where the mindset of the one who inflicted damage is required evidence for you to prove before you get paid for losses suffered! He can't, because nowhere in the law is that mindset relevant to a comprehensive insurance claim.
Your cure here is to make a written complaint to your state insurance commissioner http://www.settlementcentral.com/links.php
Go to her site and download her complaint form and fill it out and mail an "advance" copy to the adjuster's supervisor. Tell him that if the claim is not paid forthwith you will file this complaint immediately.
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
