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
Answered
  • 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

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