Q: Can a car insurance company cover car damage but deny injuries from same storm incident?
During a monsoon, 2 trees fell, one on my trunk and the other in front of my car creating a collision. It was if I ran into a brick-wall. The car ins company acknowledged this as a 'catastrophic event' and paid under comprehensive cov: $4,590 for vehicle damage and $840 for rental. They covered it as 'sudden and accidental direct physical loss' under falling objects/windstorm perils. However, the company has denied cov for my injuries from this same incident. My injuries required extensive treatment: 55 PT sessions, 6 specialist visits, MRI, X-rays, and 3 epidural injections. The ins company claims comp coverage only covers vehicle damage, not resulting injuries. They provided no policy language excluding injuries from covered perils. They paid for property damage but arbitrarily separate injuries from the same covered incident. Can they legally separate vehicle damage from resulting injuries in a single comp claim? Do I have grounds for appeal or bad faith claim under Arizona law?
A:
An Arizona attorney could advise best, but your question remains open for a week. I'm sorry about your accident. Your injuries sound serious and I hope you are recovering.
This could be something difficult for attorneys to offer a quick short answer to. It could depend on your policy. In a no-fault jurisdiction, it would usually be a simple matter of the no-fault carrier covering your injuries under the PIP (personal injury protection) portion of the policy. I do not believe Arizona is a no-fault state, but a local attorney should advise you there.
One option may be to try to arrange a free initial consult with a local attorney. They could review your policy, investigate the circumstances of the accident, and after that, offer you more meaningful guidance on your rights and options than is possible on a quick format Q & A forum. Good luck
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