Questionwe have a 2004 Nissan Pathfinder...I was driving the car adn it started smelling like a rotten egg..we saw smoke coming out of the stearing column...smelled horrible..turned car off..called Nissan..they stated do not drive car..got it towed..Nissan dealership(mechanic) said this is a non repairable issue...module/wiring harness melted/burnt...called insurance company...they are denying claim...stating this is a mechanical issue and there was NO fire...so here we are we haev no car and not sure how to handle..what is out next step...how can the mechanic state this is non repairable and the adjuster says it can be fixed and there was no fire, but everything is burnt slap up...makes no sense...should we get a lawyer..do we have a leg to stand on...we need some help with this...I guess I should have left the car running so it would go up in flames...
AnswerI thought I answered this one, but it showed back up on my pending. I am sorry for the delay.
To answer your question properly, we would need to refer to the contract and make sure there is not an answer within the contract.
Here is the language in the standard auto policy that is probably being relied upon for the denial of your claim . . . .
EXCLUSIONS
We will not pay for:
1. Loss to "your covered auto" or any "non-owned auto" which occurs while it is being used as a public or livery conveyance. This Exclusion (1.) does not apply to share-the-expense car pool.
2. Damage due and confined to:
a. Wear and tear;
b. Freezing;
c. Mechanical or electrical breakdown or failure; or
d. Road damage to tires.
If you could prove there was actually a fire, then you might get somewhere, but you would need professional guidance and assistance in my opinion. I'll happily discuss your options with you for free with the understanding that I am not an attorney and will not provide you legal advice. You can find us easily on the web and our contact information is easy to find. Information is always free at Petty Details, LLC, google it.
