Sioux Falls, SD asked in Contracts, Car Accidents and Insurance Bad Faith for South Dakota

Q: in exclusions, "due and confined to" "wear and tear" and "freezing", means wear items are not covered. Are nw items cov?

We had a rare weather event where it got extremely cold for 3 days and the car sat outside (not confined) and im not sure what happened but now the car is leaking all the oil and antifreeze out of it. The car was not in use when this happened and has not had and mechanical failure, nor any wear and tear. I suspect that it has a cracked head or a cracked block (...which are NOT wear items... ). The car is well maintained and only has 80,000 miles on it. It was full of Antifreeze and oil at the time. Freezing does not harm the head or the block, the moving part inside of these item it does have an effect on yes but that is not of concern. The cause, I believe, is not from freezing but from the thermal expansion of water when it turns to a solid which is way below 32 degrees(freezing) its more like -30 when this happens.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: A South Dakota attorney could advise best, but your question remains open for a month. It looks like the policy excludes damages from freezing, which sounds like the source of damages here. You could review the policy and get the opinion of a mechanic. Good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.