I'am a home owner,drove me car into the driveway causing my basement wall to cave.Insurance Co. saying it is earth movement .???

Asked almost 4 years ago - Buffalo, NY

I think think this is a car accident . The car causing the cave of the wall not earth movement.The weight of the car pushed the broken concrete into the wall

Attorney answers (3)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . Your insurance policy probably has an exclusion from coverage for damages caused by movements in the earth. Hire an attorney to read all the details of your policy and negotiate with the insurer about your property damages.

  2. Nima Taradji

    Contributor Level 16

    Answered . This is a contract interpretation case. Your insurance is relying on an exclusion in your policy. First, ask your insurance company to send you a certified copy of the insurance policy--it is important for it to be certified because there may be many different versions of the policy in effect at any one time, you want to make sure that both you and the insurance company are using the same version.

    Once you have the document, read the clause upon which the insurance is relying. You would benefit form having the document reviewed by an attorney who will be able to advise you about what it takes to prove that the insurance company is wrong in their assessment. You may need to hire an expert to give you an opinion about the cause of the cave in--and whether the expert can say that the cause was your vehicle and not the natural movement of earth.

    Don't just accept the word of a lonely adjuster seating in a lonely cubical trying to save the company a few bucks.


    I hope this helps-

    Nima Taradji
    http://personalinjuryattorneyz.com

    Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.

  3. Michael Edward Atwater

    Contributor Level 15

    Answered . The interpretation of this case is very fact specific and you have not given enough information here. If the absence of earth under the driveway caused the vehicle to crash into the wall, then it is the result of earth movement that the accident occurred.

    You should have an attorney review the facts of this accident along with a copy of your auto policy. While you are at it, take along a copy of your homeowner's policy to see whether or not it may provide coverage for this event.



    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.

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