Can my insurance deny damage occurred to car ?

UPDATED: Oct 1, 2022

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Can my insurance deny damage occurred to car ?

My parked car was involved in a hit and run .
There was substantial damage to the right side
of the vehicle and a cracked windshield on the
driver side . My insurance will cover my car
collision with a deductible but stated I have to
pay a separate deductible and file a new claim
for damage to the windshield , which was not
present when I parked my vehicle. Im a
responsible for the windshield damage since
the insurance company does not believe it is
related , even though the damage occurred at
the same time?

Asked on December 6, 2017 under Insurance Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They can refuse to cover damage which they feel was not part of the same incident or accident. Of course, an insurer is not a court: their opinion or determination is no legally binding. If you disagree, you have the right to sue (such as "pro se," or as your own attorney) the insurer for "breach of contract," or violating their contractual obligations (insurance policies are contracts) to pay all damages arising out of the same accident while applying only a single deductible. If you can prove in court by a "preponderance of the evidence" (that it is more likely than not) that all the damage occured together, you can get a judgment (court order) requiring them to pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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