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Collision as a result of Mechanical Breakdown? Am I covered?

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ponchomoran

Junior Member
California

I have a limousine that was coming from Las Vegas back to Los Angeles. In the middle of the road, it suddenly broke down, and the driver had to stop and wait for a mechanic to fix it. A mechanic went there and tried to repair the vehicle, but wasn't able to, then it was already too late at night and he had to wait until the next morning for us to send a two truck and move the car to a mechanic shop to be repaired.
The driver was sleeping in the back of the limo, and suddenly, he said he noticed the car was moving, and by the time he got out of the car, it was already going to the road; he didn't have time to stop the car and couldn't move it anymore, so an incoming car hit it on the front (he doesnt know why it moved, but my guess is that the hand break was not properly applied).
The police gave a report, and it explains what happened, and said it was definitely an accident.
However, I was reading my insurance policy today, and I noticed this paragraph under the exclusions section:

3. We will not pay for “loss“ caused by or resulting from any of the following unless caused by other “loss“ that is covered by this insurance:
a. Wear and tear, freezing, mechanical or electrical breakdown.
b. Blowouts, punctures or other road damage to tires

I dont want to be unprepared when I make the claim, so I just want to make sure. Does this paragraph just basically means that mechanical repairs are not covered? or do you think that they will try to deny the claim because the car was stopped in the middle of the road as a result of mechanical breakdown? What do you think? Should I expect trouble, or it should be fine?

Thank you very much
 


ecmst12

Senior Member
Mechanical breakdown not covered. Collision damage is covered. Calling a tow truck would have been a far wiser course of action though. There are tow trucks that are available 24 hours a day.
 

ponchomoran

Junior Member
Yeah, calling a tow truck would have been wiser, I agree, but it was 4:30 in the morning, and we didnt know where to take the car at that time, so the driver thought it was best to stay there for two or three hours before calling the tow truck. Not the best idea, but that's what happened, cannot change it.
Now I need to take care of the insurance thing.
So the mechanical damage is not covered (what happened before the accident), but every damage after the accident is covered, correct? My question was if they could deny the claim because the accident was a result of a mechanical breakdown. Although technically the collision happened because another car hit it, not because the car broke down.
In short, collision damage is always covered, even if the car broke down before it happened?
I just want to make sure before I talk to the insurance tomorrow.
Thanks
 

justalayman

Senior Member
what would be funny would be if the other driver was liable for some reason such as he crossed the centerline and hit your car which was fully within it's lane.

did the police place fault? was anybody ticketed?

do you have collision coverage on your vehicle?
 

Zigner

Senior Member, Non-Attorney
The collision wasn't caused by a mechanical breakdown. It was caused by operator negligence in not properly securing the vehicle (was it even in Park?)
 

latigo

Senior Member
It is an industry standard that losses “due to mechanical and electrical defects” are excluded from comprehensive coverage.

However, in order to avoid liability for damage to the vehicle the comprehensive carrier must show that the loss was solely and independently the result of mechanical or electrical failure.

In other words, the exclusion is only applicable with regard to loss to the insured “caused solely by mechanical defects”. But the carrier “remains liable for any damage brought on by an intervening cause”. *

And here whatever loss resulted from the collision with the other vehicle would be due to such an intervening cause.
_________________


[*] See for example: Lunn v Indiana Lumbermens Mut. Ins. Co. (184 Tenn 584) as cited in Caccioppo vs. United Services Automobile Association et al., 479 N.Y.S.2d 688, 125 Misc. 2d 698 (1984)
 

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