Legal Question in Insurance Law in Indiana

Do I have a case?

I have a 1999 Cavalier that I carry full coverage on. On December 29, 1999, I hit something in the middle of a 2 lane highway. I immediately pulled over and checked for what I hit and damage to my car. It turned out to be a chunk of ice and I did not see any damage to my car. It ran fine throughout the day, untill later that evening on my way home from work. I immediately had the car towed to the dealers lot. I had a new transmission pan put on because it had a small puncture in it. A week later we found that there had been damage done to the transmission itself. My insurance company refused to pay for it leaving me with an $1836 transmission bill. Can I take them to Small Claims Court? Do I have a case. Their argument is that I should have had the car towed immediately when I hit the ice.


Asked on 4/10/00, 11:31 am

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: Do I have a case?

Yes. Your insurer is responsible to pay for the

damage under your collision/comprehensive coverage.

If you acted unreasonably (which does not appear to

be the case based on what you wrote) then a court

might prorate the repair amount between you and the

insurer. But I don't think that will happen.

Your repairman will be your best witness.

By the way, how did the repair come about? Did your

insurer tell you where to go, or authorize the work

or did you even tell them before you got the work

done. If they initially said yes and then changed

their mind, like an HMO, then your case is stronger.

Read more
Answered on 4/21/00, 1:24 pm


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