Asked in Car Accidents and Insurance Bad Faith for Washington

Q: What is my option in my home damage?

Dear Expert,

My house was hit by a truck due to driver's medical condition.

However, both my home owner’s insurance, and driver's insurance all denied their coverage. My home insurance agent excuse is because I was not living there when the accident happened. (I rented out all rooms). State farm said they may cover only if you can prove driver is negligently hit the house.

The total repair estimate is < $30K. What is my option?

Thanks!

Gordon

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Get the policies. Get the police report. State Farm's claim is based on a "sudden emergency. " That's only good if they can show he didn't have that condition before. Even with a heart attack,the person knows it's coming, can go to the side of the road to have it.

Start getting used to corresponding by writing and fax.That way there is a record of who said what. Start by asking State Farm to clarify the evidence they base their deniablity on.

Then tease out more explanation--think of Columbo "geez, I just don't get why....."

Contact an attorney who is a member of the State of Washington Assn for Justice who handles "bad faith" claims.They give free consultations.

Likewise as to your company, get the paragraph etc of the policy. Problem is someone didn't tell you that you needed a commercial policy? Or did you ignore that? Check with the attorney.

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