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  #1 (permalink)  
Old 07-11-2013, 10:24 AM
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Originally Posted by patrickt View Post
Pretty close, though. If you pull your policy and look under the collision and comp exclusions (likely called "Part D - Coverage for Damage to Your Auto") and then look for, maybe, the second or third exclusion, it will specifically say "Road Damage to Tires"). If I'm right, and that's there on your policy, then their answer was actually worse than canned because it implies that they would have bought you a new tire when it "blew out going down the road" if it was DOT approved, which would clearly not be the case. Unless, of course, you have a special endorsement to the contrary. But you know, Doug, I'm proud of you for even taking the time to think about it. Seriously, take a look for that exclusion, and if it's there, then they gave you a really shi**y answer.
Here's what it says in Part D: "Road damage to tires unless caused by "other than collision" covered by this policy." So doesn't cover blow-outs, not that I was thinking it would, but does show that their people don't really know what they are talking about.

By the way, nowhere in this policy do I see anything about meeting DOT safety standards or anything like that. Seems pretty clear that you are covered.
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Old 07-11-2013, 10:28 AM
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... but does show that their people don't really know what they are talking about.
Hmmm, you speakum with silver tongue. Which is why I'm trying to lure Evan down my primrose path.
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Old 07-11-2013, 02:49 PM
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Not to insult any insurance agents on this forum, but 95% of the agents DO NOT know what is in the policy they are selling you, they are salesmen, their job is to sell you something and that's what they do......when the have a coverage question they go straight to the adjuster and ask them if it is covered or not!!!!!!!!

My biggest pet peeve with agents: they tell people their trailer is covered when hooked to their truck and their truck insurance carries over to the trailer....well, that is a HALF-TRUTH....

Your truck liability carries over to the trailer meaning whatever damage your trailer does to someone else's property will be covered by your truck's liability,whatever damage is done to your trailer itself is NOT COVERED by your truck insurance.......trailers are considered like another auto,they have a VIN and license plate and must be insured separately to have coverage for the trailer itself!!!!!!!!!
When the owner tells me his agent SAID it's covered by the truck insurance I just politely tell him to call his agent and have him handle the claim and pay for the damages!!!!
Usually I get a call from the agent wanting to know why we are not paying for the trailer damage,then I explain it to him and the usual answer is and I quote: "I DIDN'T KNOW THAT"
Well, duh,it's your job to know what you are selling a client!!!!!!!!!!!

BTW: Trailer insurance is dirt cheap.....

David
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Old 07-11-2013, 07:16 PM
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Not to insult any insurance agents on this forum, but 95% of the agents DO NOT know what is in the policy they are selling you, they are salesmen, their job is to sell you something and that's what they do......when the have a coverage question they go straight to the adjuster and ask them if it is covered or not!!!!!!!!
The only saving grace to this entire thread David is that you have been 'outed' as an extremely credible and well-versed expert on the whole insurance subject. It's your 9 to 5 and you deal with the issues daily-and have for a long time. And you explain them in non-lawyer speak-something this thread is rife with. Evan presented a clear course of action which he invites others to try. Sheldon is just his usual authoritarian, self-aggrandizing self-offering clever riddles and little helpful understanding. I have no doubt he's expert in his field but he prefers being a horse's ass here.

Now in addition to being a racer and cool Cobra guy, you are recognized as a breath of fresh air and knowledge on the subject. You can help many guys on here by your clear presentation of insurance facts and fictions.

Thanks and don't be shy about posting insurance-related material.
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Old 07-11-2013, 09:23 PM
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Chas: thanks for the kind words......I know I'm prejudice on this subject because it is my livelihood, but you would not believe the mis-information out there concerning insurance policies and the big bad insurance companies, not to mention dishonest policy holders!!!!!!!!
here is another real good story,happened 3 weeks ago:
I'm at a body repair shop looking at a damaged vehicle,while in the parking lot a guy gets in a burnt orange,ugly ass vehicle and as he's backing out,he cuts too sharp bangs up the passenger fender and both passenger doors on one of those short yellow parking post, I'm 30 feet away and witnessed the whole thing........well,$hit happens and he gets out looks it over,jumps back in and leaves......

2 days later I get a claim on a burnt orange ugly assed vehicle,location,the same body shop,so I go to see it,thinking it can not be the same vehicle...first things first, I check the VIN and sho nuff, it's the same vehicle I saw hit the yellow parking post 2 days before,BTW,it's 3:00 pm,remember the time .....

Paper work says and I quote: "parked,unoccupided car hit by unkown person that left the scene".........so the shop owner comes out and we're both going over the car,he tells me he is going to need 2 OEM new doors to do the job right it, I told him those doors could easily be repaired, they were not that bad, but because the car is 3 years old, I'll give him the benefit of the doubt and spring for 2 new OEM doors...Then I ask who the owner of the vehicle is, he tells me it is one of his employees and I ask to speak to him,so he goes and gets the guy...I introduce myself and we begin going over the upcoming repairs and his deductible ($500.00), I politely ask him "what happened"?? he said his wife had the car and was at the grocery store and came out and found it like that, okee dokee, I'm just a dumb Cajun from Louisiana, but damn, I'm not quite THAT stupid... Politely I tell him I WITNESSED the accident personally in this very same parking lot with YOU driving the car 2 days ago, he was dumb founded and I asked why did he lie when he filed the claim/police report, he said he didn't want his rates to go up!!(that's another story for another day)!!! I told him by lying on the claim as well as the police report,that was grounds for denying the claim (read most any policy,giving false info on a claim is grounds for denial)as well as giving false info on a police report IS INSURANCE FRAUD........
He didn't know what to say.......

But wait,it only gets better!!!!!!!!!!!!!

The very next morning I'm on my way to the office,about 8:30 am,I pass in front of the shop as I do most mornings and guess what I see, the very same burnt orange ugly ass car parked outside with the front fender as well as BOTH doors already repaired and under primer,they were wet sanding it getting it ready for the paint booth!!!!!!!!!!!

I couldn't take it, so I pulled in and summoned the shop owner,questioned him on how he could have ordered 2 new doors and got them in and installed them and had them under primer since 3:00 pm the day before???? he didn't know what to say,except the doors were not as bad as he thought and so they went ahead and repaired them, but he assured me he was planning to call me and let me know so I could "adjust" the estimate to reflect that....YEA RIGHT and I have this bridge over the Mississippi River for sale also........So I told him I was going to re-write my estimate and they would be paid for the work they did and that was all they would get,he began complaining about not being able to make a living with those damn insurance companies breathing down his neck.... I told him the alternative was for me to inform the local police of the false info on the report and the state police of the insurance fraud he was committing with the repairs, all of a sudden he got real co-operative!!!!!!!!!!!!! gee, I wonder why...........
And I'M the bad guy here!!!!!!!!!!!!!! according the shop and the vehicle owner!!!!!!
And people wonder why I smoke and drink!!!!!!!!!!
Just a few more years to retirement and I'm really looking forward to it!!!!!!

David
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Old 07-12-2013, 04:49 AM
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... but he prefers being a horse's ass here.
Ya know Chas, for a cranky old fart, you just seem to be getting crankier, and smellier, every year.
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Old 07-12-2013, 05:17 AM
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Ya know Chas, for a cranky old fart, you just seem to be getting crankier, and smellier, every year.
See what I mean?
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Old 07-12-2013, 06:03 AM
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ERAChase: Correct. Well put.

I looked through our collection of Auto Insurance books and treatises in the office and didn't see any authored by Patrickt. I'll look again. I'm sure I must have missed it.

I am not professing to be an expert on auto insurance coverage. There are lawyers that actually specialize in Insurance coverage law and coverage litigation. There are auto insurance treatises that deal with the issue of coverage questions as unlike Patrickt we all can't just read the simple little policy and devine all coverage issues and the answers.

Policies are not simple contracts, at least not to me and I have been dealing with insurance companies and claims for 27 years. Policies differ in coverage from company to company in some respects, there are riders and endorsements. Policy regulations may affect coverage. Policy coverage and requirements differ from State to State. Judicial policy interpretation and precedent differs from State to State. For most mortals and even lawyers this can present complicated coverage questions but fortunately I know where I can turn for my answers now. I'll just PM Patrickt my question and a concise simple answer will be forthcoming.

It's not the tire damage and replacement I'm worried about. It's the more extensive damage to my Shelby and more importantly the potential medical bills and injury claims that often come with an accident that would keep me up at night.

I can't speak for other States but in NJ if there is an exclusion and it's clear and conspicuous that will control. The court will not rewrite a better policy for you. However, there is case law in NJ that language needs to be conspicuous and clear.

So here we go..Lets use Patrict's little "trap" as an example....Patrickt, please tell us just how small is that print Patrict in your "Stupid Ass" Cobra Replica and "funky" non DOT tire exclusion and just where is it placed in the policy.?

Also, is there a definition of "Stupid ass" Cobra replica or "funky" non DOT tires in the policy? Bill Boards are really cool and not funky... thats my interpretation.

Since my Cobra is #1 not a "replica" of a Cobra but is a Cobra (I do have THE authoritative source to prove that) and #2 is without question not a "stupid ass" my position is that your little exclusion clearly doesn't apply to me no matter where it was placed and how big the print. However.....you may have a problem my friend as it clearly seems to apply to you since you do have a "replica" according to the most authoritative source on the subject and having two roll bars gives the carrier a leg up on the "Stupid Ass" requirement also. LOL

I'm sure you covered this issue in your insurance treatise though. You did write a Auto Insurance Treatise didn't you????
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Last edited by REAL 1; 07-12-2013 at 06:30 AM..
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