Auto Insurance Claims: trailer tractor part in road damaged my pickup, drive shaft, mechanical failure

Question
QUESTION: A drive shaft from a tractor trailer was on the turnpike did $3000 in damages-Their insurance co states it is "no fault" in PA because the driver was aware of it for 1 mile Now I'm responsible for my $1000 ded (that I don't have)immediately! Do I have any recourse?Where do I start?

ANSWER: Hi Lisa,


Well, in a no fault state there is still "fault" for certain circumstances. In some states, property damage only type accidents is one of those circumstances. It is interesting that they are saying it is no fault, but then turn around and tell you that because the driver had a mile to see drive shaft.

No fault means no one pays, you look at your own insurance company. However, there are those states that in a "property damage only claims" allow you to try to recover under certain rules, In PA the rule is Modified Comparative Fault -- 51 Percent Bar 42 P.S. § 7102.

This means that you have to be less than 51% at fault for the insurance company pay you their percentage of fault. It appears that this insurance company believes that you are more than 51% at fault, which would bar any payment from them to you.

Your only recourse here is to deal with your own insurance company and have them do an investigation. They will see if you are less than 51% at fault and then dispute on your behalf. Usually insurance companies go to arbitration to sort this type of thing out.

In the mean time, you do have to pay your deductible and once a decision is reached, you could ask to be paid your deductible. This process might take some time.

I am sorry to hear all of this,

Good Luck,
Anne

http://www.spokanelegalhelp.com/spokane-law-office.html

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

QUESTION: Thank you! However today we were notified that our claim is denied/rejected due to "sudden mechanical failure" they are not responsible for anything??!!I can't find any info. on this sudden mechanical failure clause/law whatever? Is really happening??

Answer
It would appear that the insurance company is not denying your claim but they are denying coverage. The are probably claiming that because it was not an accident, then it must have been a mechanical issue, which is probably excluded from their policy.

If they were able to show this and they are denying your claim, you would not have much of a cause of action against them because this is excluded under the policy and they have no "contractual" liability to their client. You only recourse is probably to talk to an attorney and after the owner of the tractor.

Good Luck,
Anne.