QuestionMy son spray painted his car when he was in a mentally incompetent state. He doesn't remember doing it when he is properly medicated and is currently hospitalized for mental illness. I would like to claim the damage on his comprehensive coverage. Is the insurance company required to pay for his "unintentional" act?
AnswerThank you for your inquiry Cindy; this is a good question which can only be answered based upon several issues including;
1. The specific language in your policy (e.g. exclusions)
2. If a statement from a physician can substantiate the state of incompetency at the time of the loss.
My initial feeling is; Yes, I believe the policy would cover the repair under the comprehensive portion of your policy, but once again, i'm not an attorney and one may be required should the insurer elect to deny coverage.
I would suggest that should you elect to make a claim, and the insurer deny it, that you demand the denial, IN WRITING which outlines the specific reasoning and provisions within the policy that would support their position of denial. I would not speak with the insurer’s representatives on the phone at this stage and seek a consultation with an attorney who deals in contract law.
Furthermore; should the insurer cover the loss, find a repairer who does quality work and who will not merely “repair” the damage, but “restore” your vehicle to its pre-loss condition AND VALUE to the best of human ability. A “Lifetime” warranty for a quality repairer and paint finish is not uncommon.
Know that all repairers are not alike and quality refinishing costs a great deal in comparison to those you may see TV commercials of.
Hope this helps a little and if possible, let me know what happens as this is an interesting question.
