Auto Insurance Claims: Car Flooded at Dealership While Awaiting Service, contract carrier or tort claim carrier?

Question
Hello! Earlier this week we took our car to a local dealership for service and while it was there the dealership flooded.  They managed to move all of their new vehicles off the lot the night before the flood, but did not attempt to move the cars from the service lot. Our car was definitely drive-able before the flood so there was no issue with moving it. We are now wondering whether it would be more beneficial/speedy to go through the dealership's insurance or through our insurance company. Our first reaction was that we should go through ours, but according to the dealership's insurance rep all but one of the other 18 car owners in our situation have elected to go through the dealership's insurance. That gave us pause. Would it be more efficient to go through them? We do not have rental car insurance through ours so that is one consideration. Also, in this situation where we really think they were negligent in not moving the cars, is there anything we can do to ensure we get the best settlement? Thank you for your help!

Answer
Kim,

  I'm impressed at the level of thought and research you've clearly put into this situation.  I think you understand more than most so my best help will be the experience I have as a subrogation manager and specialist.  The carriers involved can really make a big difference in who will be the best to go through.  Sure, the dealer's carrier is going to owe for negligence, although they will be considered a bailee for mutual benefit, so the level of care they owe in a flood situation is definitely a question that will have to be addressed by their carrier.  

   If you understand the difference between tort liability and contractual liability, then you should see the difference in what is covered, and your comment about rental makes me think I need not explain the difference.  

   So, how to get the best settlement?  File a claim with both your carrier and the other carrier, because you'll need both coverages to pay you for all of your damages.  You can always just abandon one claim or the other if you decide to or if something strange happened and the dealership's carrier settled all of your damages so quickly that your carrier didn't have to make a payment.

   Anyway, . . . ANSWER:  FILE WITH BOTH CARRIERS!  Look up Petty Details, LLC, we consult with attorneys, insurance companies and individuals all the time on claims matters (for free).