Phoenix, AZ asked in Consumer Law, Insurance Bad Faith and Insurance Defense for Nevada

Q: I have a TOY Hauler that was damaged and should have been totalled. The damage was done during towing out of mud.

The insurance denied that part of the claim due to wear and tear however they paid for the wall to be repaired. I have pictures that the wall was intact until it was towed out of the mud. There is no wear and tear it's a 2019 and I have never taken it out camping due to being in the shop. How can I sue the insurance company? What kind of attorney do I need to hire? There were no injuries in this accident.

2 Lawyer Answers
Jennifer Setters
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A: Every case is unique, hence in circumstances like these—where your toy hauler was damaged during towing—and where the insurance company refused part of the claim—you should get advice from an attorney who can assess your particular circumstances. You could follow these guidelines:

Get a bad faith insurance attorney hired; you could require one with particular expertise in claims. Insurance bad faith results from a corporation unfairly rejecting a claim. In your situation, an attorney familiar with this field can assist ascertain if the insurance company behaved improperly since the insurance company denied compensation based on wear and tear notwithstanding your evidence (such as pictures demonstrating the wall damage was the consequence of towing).

See a Property Damage Attorney: Should your problem center on the details of the damage to your toy hauler, a property damage attorney could also be of assistance. They could contend that the towing event directly caused the damage, not wear and tear, and therefore the insurance company is responsible.

You will have to compile all pertinent information, including pictures of the damage, repair records, any correspondence with the insurance company, and to-wing company or repair shop reports. Your attorney's powerful case building will depend much on this proof.

Think about complaining to the Insurance Commissioner: Should legal action seem premature, an attorney could advise submitting a formal complaint to the Department of Insurance for your state. This can start an inquiry and occasionally lead to a faster fix.

Get ready for legal action if the insurer keeps turning down your claim after more investigation. Your attorney can assist you to initiate a lawsuit. This could call for further research, compiling more data, and maybe settling the issue in court or via a compromise.

Every case is different, hence it is advisable to consult an attorney who knows the particular details of your claim and can lead you through the legal procedure depending on your situation.

Tim Akpinar agrees with this answer

A: Wear-and-tear denials could mean both sides are in for a fight because the carrier and the policyholder will be forced to argue opposing positions as to the root cause of damages. This could get technical in some cases. Depending on the complexity, it might mean bringing in experts. As my colleague correctly states, it would be an attorney experienced with property damage claims. Good luck

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