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My car wouldn't start after being rear-ended. When finding out it was the starter, at fault insurance doesn't want to pay....

Cumming, GA |

I was rear-ended, they were deemed at fault as well as given a citation. My car immediately wouldn't start, had to be pushed off the road by the officer and towed to my mechanics where he found the pin in the starter was not working properly. I have NEVER had a problem with this before. They will not pay for the starter $395.....really? My car was running fine, I get hit, it won't start and they are saying it's not related?? I am furious as all the inconvenience has been on me, and it wasn't even my fault! I have talked with the property claims representative as well as the office mgr. in addition to having a 3 way call with my mechanic who services my car. I want to to file a claim with the GA state insurance commissioner. Is this my best option for being reimbursed the $395?

Attorney Answers 7

Posted

Your best option may be to sue their insured for the full extent of the damages, including the cost of the starter. Have your mechanic sign an affidavit under oath attesting to the fact that the starter was damaged due to the trauma of the impact, based upon his experience, education, and training as a mechanic of X years duration. Have your mechanic willing to come to court to testify on your behalf. The cost of hiring an attorney to defend the action will certainly exceed the $400 they are questioning.

Good luck.

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Posted

It sounds like you have every right to be upset. It is also worth mentioning that mechanical problems such as what you describe are frequently claimed to be unrelated to a motor vehicle accident. I suggest that you get some good proof that the broken starter was the result of the accident, such as an affidavit from your mechanic stating as much sworn to before a Notary Public. Perhaps if you send something like that to the carrier with a certified letter demanding that they re-consider their denial you may get a different answer.

I think filing a complaint is a good start but you should probably send the above letter first, this way you have a good faith basis to make the complaint. Otherwise it would not be given too much weight because, as I mentioned, it is not a terribly uncommon thing for an insurance company to deny mechanical problems in an auto accident.

I would also think about bringing this matter to Small Claims court in you jurisdiction, with that Affidavit in hand!

Good luck!

The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.

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4 lawyers agree

Posted

I agree with atty. Lundeen, although if you need to sue, this a simple case that you could probably handle yourself without a lawyer in small claims (magistrate) court. The filing fee and service fee would probably be less than 100.00 and you may get that back if you win.

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Posted

Send a demand letter certified mail to the insurance company with an affidavit from your mechanic stating the starter problem was caused by the wreck. You'll probably have to file suit but you can do this yourself in Magistrate Court in the county of residence of the person who hit you. You need to name that person as the defendant. The sheriff will serve him with the suit papers and you can send a copy to the insurance company. This may prompt them to get more reasonable.

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6 lawyers agree

Posted

Sue their insured.

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Posted

If you were also hurt, hire a lawyer.

If this is your only claim, sue the other driver in Small Claims (Magistrates) Court and mail a copy to the insurer, which has to defend the driver.

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Posted

You will probably need to file suit to get them to pay for this expense.

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