What can I do if my car was stolen ad recovered but the engine and front suspension is damaged yet my insurance denied my claim on these repairs due to high miles?

UPDATED: Sep 30, 2022

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What can I do if my car was stolen ad recovered but the engine and front suspension is damaged yet my insurance denied my claim on these repairs due to high miles?

On Labor Day weekend, my 6 year old car was stolen from my home. A police report was filed the same day as soon as we confirmed the car was stolen. The police recovered it a little over 3 weeks later, abandoned in the backyard of a known gangbanger house in a rough neighborhood. My insurer repaired the exterior damage and some other minor damage. I got the car back about a month ago and immediately informed the body shop that the front suspension was making all kinds on noise and that the engine wasn’t running correctly, plus that the brake lights are shorted out and always on. I quickly returned the car back to the same body shop for the repairs and for insurance adjuster to come out and look at car. However, my insurance company dragged their feet for the next 3 weeks not returning calls and then only approved payment last week for that brake light repair. They denied the claims to make the repairs to the front suspension and the motor due to high miles. The car has 147,000 miles on it. My car was released to me from the body shop 3 days ago. Immediately I found that the engine had serious mechanical problems and currently the car is undriveable. I could drive it but the motor is making all kinds of noise, spewing out clouds of fumes and would probably lock up or blow if I did try to drive it. Is there anything I can do legally to get the insurance company to cover these repairs or am I stuck with well maintained car that was stolen, recovered and returned to me in this shape?

Asked on December 19, 2016 under Accident Law, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You might want to consider suing the insurance company on a bad faith claim for its refusal to pay for the repairs to your car.
Prior to filing that lawsuit, it would be advisable to try to resolve the matter, by contacting the insurance commissioner in your state and filing a complaint against your insurance company.

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