QuestionI have a flat bed car hauling trailer. I loaned a friend my 8N tractor and I went to his house to retrieve it. While loading the tractor the hitch popped off the ball and because my 09 GMC acadia was still attached via safety chains, the neck came crashing down on the bumper and gouged the bottom of the rear hatch. There was no one in the car. It was parked. The trailer was chock blocked. The Acadia was pulled back by chains and it slid on loose dirt. Had the safety chains not been attached it would have popped off the ball without a problem and nothing would have been hurt. The fact that it was still partially attached to the vehicle is the reason it was damaged (the safety chain loops are twisted up). The adjuster admitted it was iffy at first, ie could be comp or collision. I have a 250$ comp and 500$ collision and its not about the 250$ difference. The comp will not raise monthly rates whereas collision will. Also the negative stigma attached to "collision damage" on a "carfax" type report later is a negative as well.
Ive been told that had I been driving the trailer and hit a pothole that popped the trailer loose and it hit my car it would be comp. How is this collision?
Answer Hello Benjamin,
Ultimately the answer rests with the language in your insurance policy. In either event, the insurance company must be prepared to defend their answer. If they cite comprehensive over collision or collision over comprehensive, they have to cite the specific language in the policy that supports their decision.
I am not aware that "collision" vs "comprehensive" in a Carfax makes a bit of difference. I also question why comp would not raise your rate whereas collision would. The fact of the matter is, in my opinion, this is not an "at fault" situation.
My instinct tells me this is a collision loss, not comp. But again, its all in the policy. While it is unlikely that there are any, ambiguities in the language of the policy must be applied to your benefit, not the insurance company's.
If the adjuster informs you it is collision over comp, ask her to cite the specific language in the policy that supports her decision.
Hopes this helps.
Jane Pytel
http://SolautionsForyourinsuranceClaim.com
