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  #1  
Old 08-23-2006, 04:45 PM
Junior Member
 
Join Date: Aug 2006
Posts: 1

Auto Insurance Co. Refusing to Pay Damages


What is the name of your state? Washington

My wife was involved in an auto accident on 8/12. Prior to the accident the vehicle (a 2003 PT Cruiser) was operating in perfect mechanical condition and there was no body damage. A driver travelling in front of her signalled to turn right, started to pull off to the right side and then quickly turned left and back out into traffic. My wife struck the rear side of the other drivers vehicle. A policeman was called to the scene and it was determined the accident was the fault of the other driver attempting to illegally make a U-turn. Insurance information was exchanged. My wife contacted our insurance company and arrangements were made to tow the vehicle to their insurance review location. The vehicle had body damage to the front bumper and when attempting to move the car out of the road immediatley following the accident, it was discovered that the power steering was not functioning. The power steering worked perfectly prior to the accident and there had never been any previous mechanical problems with the power steering.
Our insurance company handled the body repair of the vehicle, but the other insurance company admitted fault and agreed to reimburse our company for all costs associated with the accident.
I have two questions regarding the accident. First of all, after completing the body work our insurance company sent our vehicle to a local dealership to assess the mechanical problem with the power steering, which failed upon impact with the other vehicle. Today we were contacted by our insurance company notifying us that the dealership had determined that the power steering failure was not a result of the accident and was a failure of a bearing in the power steering pump. I explained to them that I felt it was ridiculous to try to say it was not a result of the accident since the steering worked perfectly prior to the accident and then did not work after the accident. I said I felt the chances were billions to one that there would have been a random mechanical failure of our power steering at the exact moment of the accident. They said they could only go by what the service department reported and could not pay for the repair, which would cost approximately $600. They referred me to the service manager who submitted the report to them. I spoke to him and he explained that after inspecting the power steering he reported to the insurance company that it was "unlikely" that the power steering failed due to the accident. I asked him if that meant that it was possible that the accident did indeed cause the failure. He stated that he could not prove that it did happen because of the accident and he could not prove that it didn't happen because of the accident.
I have a call into the other drivers insurance company since it is ultimately that company that will pay for any damages.
I refuse to accept that I am going to have to pay for this mechanical problem that was non-existent until after the accident. So, my question is, how do I force the insurance company to pay for this damage that did not occur until the accident took place?
My other question has to do with a neck injury my wife received in the accident. My wife has had a history of problems with her neck. She has deteriorating discs in her spine and neck. The accident caused further injury to her neck. She was in extreme pain and began experiencing migraine headaches immediately. She is currently undergoing physical therapy because of the pain she has been experiencing since the accident. Our medical insurance covers the cost of her medical treatment with the exception of a small co-pay fee. Since she had a pre-existing condition with her neck, would it make any sense at all to consider a personal injury case with the auto insurance company?
Thank you for any advice you can provide.
  #2  
Old 08-24-2006, 08:07 AM
Senior Member
 
Join Date: Nov 2005
Location: South Cackalacky
Posts: 15,044
The dealership is an impartial 3rd party. They don't take sides. They have stated that to the best of their knowledge, the power steering did not fail because of the accident. I'm not sure how you will be able to recover damages now that they have made that judgment.

As far as the injuries, that is for your wife to decide. It will be extremely difficult to prove, given her history, that the accident caused further damages, but it may be worth it for her to contact an attorney.
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