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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 57284
Experience:  Licensed attorney helping individuals and businesses.
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My wife was recently in a car accident where she felt the

Customer Question

My wife was recently in a car accident where she felt the brakes did not respond properly, so she swerved to avoid the car in front of her and was side-swiped by a passing vehicle. We filed a claim with our insurance company, and things seemed fine until the repair guy tried to drive the vehicle and noticed that the brakes indeed were not responding properly. He told us he was going to have the car towed to the dealership, and he called our insurance company to inform them of the problem. now our insurance company is saying that they are not going to cover the claim since this should be covered by the warranty. Is this true? Should this be a warranty issue? $8400 in damage just to our car (no injuries thankfully).
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: We filed the claim with insurance. All was going well until now. They are saying that this won't be covered by collision.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. Thanks
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 11 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 11 months ago.

The rejection of the claim can be pursued where insurer wrongly denies. This can be handed by complaint to the insurer, appeal within the insurer, and complaint to the state insurance department. Finally civil lawsuit is another option of last resort. It also helps to prepare a timeline of events with documents to support the claim, including any reference to the policy that confirms coverage.

Expert:  Infolawyer replied 11 months ago.

Let me know if that is acceptable.

If I can clarify anything, reply and ask me.

Customer: replied 11 months ago.
Is the insurer wrongly denying? Are they supposed to cover us in this type of accident under collision coverage?
Expert:  Infolawyer replied 11 months ago.

From facts mentioned, you should be covered and I am not seeing basis for insurer position.

Expert:  Infolawyer replied 11 months ago.

Kindly rate me 5 stars.

Expert:  Infolawyer replied 11 months ago.

thanks in advance.