Auto Insurance Claims: Car Damaged at Dealer, claims advice, claim help


Question
We left our car with the dealer to inspect the reasons for an indicator.  When I dropped off my car, it was raining and we have experienced some leakage in the car when it has rained.  I shared this with the service person and they said they would inspect the reason for the leak.  The "leak" we had experienced equated to some water dripping out of the middle part of the roof under the sunroof and occassionally some leagage under the steering wheel.  The next day when I talked with the dealer they informed me that the car was left outside in the terrential rain and that the carpets in the car were soaked with up to 4 inches of water.  While our car is typically in our garage overnight, in the five years we've owned the car with all the driving we have done in rain storms - the carpet has never been soaked.  Any leak was only a drip.  It is hard for us to imagine how the car got that wet unless something was left open.  We are now spending $1000 to repair the drainage system.  The car was under a fan over the weekend and when I saw it earlier today - the carpet was still soaked.  Can we submit a claim for the damages that was incurred?  I can't imagine how the car could have gotten soaked from the leak we had been experiencing and have to believe that the windows and or sunroof were left open.  What course of action would you recommend?

Answer
 Hello Dee,

You can submit a claim, but be prepared that the insurance company might deny it.

You cannot prove that someone left a window down when it was parked.  On the other hand, if you took the car to the dealer specifically to have the leak repaired, they should have known better than to leave it out during heavy rains.  If your records show that this was the reason you brought the car in in the first place, you might be able to establish negligence on the part of the dealer.

And there is another possibility that they made the leak worse when they were examining the problem.  Is there evidence of this?  For example, is it possible that they dislodged rust around the area of the roof leak causing it to open more than when you brought it in?

They will argue that the flooding was caused by a pre-existing condition that you knew about when you brought the car to the dealer.  But if they also knew, they could be responsible.

I would say file a claim against the dealer's liability policy and then be fully prepared to support your claim.  You will need to be very active in your claim to prove your point.  Do not assume that this will be paid without resistance.

Might I suggest that you go to my claims advice website,

http://SolutionsForYourInsuranceClaim.com  

On that site you will find claim help tips for being proactive in your claim.

Hopes this helps.  Good Luck.

Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com