My question involves insurance law for the state of: North Carolina
Before I start, I'm well aware of how this situation sounds. It was, in fact, the second thought that went through my mind at the time of the incident.
D day before the incident I called the insurance company to get a quote. I was expecting a pay check or tax return by the weekend and was shopping around. I did not have insurance at the time I was shopping for insurance. Less than an hour after getting a quote I was called by an agent and we discussed rates and coverage. He worked it down a little lower than the online quote and said I needed a down payment but I didn't have the money for it at the time and told him I'd get with him at the end of the week.
The next morning, my wife tells me we got our tax return, to go ahead and get insurance for both our vehicles. I call the insurance company and purchase insurance. While on the phone I commented how I also probably needed to get an oil change and some other maintenance items since money was pretty tight. After purchasing insurance I go out and check the oil, determine that I need to change it and set out to buy oil and a filter.
A mile or so up the road my car hood flew up and damaged the windshield, sunroof glass, roof, hood, and front quarter panels. Again, were I not the person involved, I would think this was a farce - so I get and understand anyone skeptical, truly.
I pulled over, took images, put the car back in as best order as I could, drove it home (about a mile and a half away) and used the phone app to add additional photos of the damage. I then called the incident in, not knowing about how fast those things work and hoping to talk to a person and get an account of events while it was fresh in my head. When I called, I was told an agent would reach out before the day was over. About 2 hours later, an agent called.
We discussed the scenario wherein I was informed how it was going to be treated. A few days later an investigator called and we went through the events again. I was asked to attach the original photo files to an email as an attachment and send it to the investigator. I did. A week later, the investigator called and wanted to do a recorded interview to which I agreed. Maybe I shouldn't have, but... I told him what happened as it happened, as best as I could remember a week after it happened.
After the recorded portion of the call was over, he informed me that the timeline he was able to reconstruct seemed to line up with my version of events and the images were where and when I said they were from. He said that some details I had backwards (i.e. whether I looked at ID cards on the app first or checked for a service station location recommended by the company first). He then informed me there were two recalls on my vehicle. I said I knew of one, the passenger airbag. He told me that the other was for - the secondary hood latch and that it ran on my make and model of car. He forwarded me the information. I then used the NHTSA and the vehicle manufacturer website to look up recalls using my VIN. I discovered that the secondary hood latch was campaigned twice - once in 2012 and then again in the beginning of 2016 and filed complaint with NHTSA regarding the incident, stating I had not received a recall notice from the vehicle manufacturer.
I never received notification of the recall and I am the original owner and though I have moved, did fill out a change of address form with the USPS with my state driver's license reflecting the correct address within a week of moving. I also spoke with my insurance agent again today and he said the case was going to be put to management to decide but that in all likelihood the claim was going to be denied because they can't prove the incident happened after purchase of policy.
I was under the impression that onus was on me to prove it happened when and where I claimed - to which I gave every bit of on hand evidence I had to give. Now it seems they're saying coverage is contingent upon whether they can prove my claim did or didn't but since they can't prove my claim happened on the day I said it did, not before, they'll deny the coverage? I feel like if everything I have says it did happen when and where - absence of evidence to the contrary seems like it would be circumstantial to the fact?
I sort of feel like I'm getting shafted. Is this something I get a lawyer for? I'm not sure whether or what the next step is.... should I go to the manufacturer and find a way to see if there was an attempt to send me a recall? Is this something they're responsible for (the hood looked and felt closed) This isn't something I know how to handle so any advice would be appreciated.
Before I start, I'm well aware of how this situation sounds. It was, in fact, the second thought that went through my mind at the time of the incident.
D day before the incident I called the insurance company to get a quote. I was expecting a pay check or tax return by the weekend and was shopping around. I did not have insurance at the time I was shopping for insurance. Less than an hour after getting a quote I was called by an agent and we discussed rates and coverage. He worked it down a little lower than the online quote and said I needed a down payment but I didn't have the money for it at the time and told him I'd get with him at the end of the week.
The next morning, my wife tells me we got our tax return, to go ahead and get insurance for both our vehicles. I call the insurance company and purchase insurance. While on the phone I commented how I also probably needed to get an oil change and some other maintenance items since money was pretty tight. After purchasing insurance I go out and check the oil, determine that I need to change it and set out to buy oil and a filter.
A mile or so up the road my car hood flew up and damaged the windshield, sunroof glass, roof, hood, and front quarter panels. Again, were I not the person involved, I would think this was a farce - so I get and understand anyone skeptical, truly.
I pulled over, took images, put the car back in as best order as I could, drove it home (about a mile and a half away) and used the phone app to add additional photos of the damage. I then called the incident in, not knowing about how fast those things work and hoping to talk to a person and get an account of events while it was fresh in my head. When I called, I was told an agent would reach out before the day was over. About 2 hours later, an agent called.
We discussed the scenario wherein I was informed how it was going to be treated. A few days later an investigator called and we went through the events again. I was asked to attach the original photo files to an email as an attachment and send it to the investigator. I did. A week later, the investigator called and wanted to do a recorded interview to which I agreed. Maybe I shouldn't have, but... I told him what happened as it happened, as best as I could remember a week after it happened.
After the recorded portion of the call was over, he informed me that the timeline he was able to reconstruct seemed to line up with my version of events and the images were where and when I said they were from. He said that some details I had backwards (i.e. whether I looked at ID cards on the app first or checked for a service station location recommended by the company first). He then informed me there were two recalls on my vehicle. I said I knew of one, the passenger airbag. He told me that the other was for - the secondary hood latch and that it ran on my make and model of car. He forwarded me the information. I then used the NHTSA and the vehicle manufacturer website to look up recalls using my VIN. I discovered that the secondary hood latch was campaigned twice - once in 2012 and then again in the beginning of 2016 and filed complaint with NHTSA regarding the incident, stating I had not received a recall notice from the vehicle manufacturer.
I never received notification of the recall and I am the original owner and though I have moved, did fill out a change of address form with the USPS with my state driver's license reflecting the correct address within a week of moving. I also spoke with my insurance agent again today and he said the case was going to be put to management to decide but that in all likelihood the claim was going to be denied because they can't prove the incident happened after purchase of policy.
I was under the impression that onus was on me to prove it happened when and where I claimed - to which I gave every bit of on hand evidence I had to give. Now it seems they're saying coverage is contingent upon whether they can prove my claim did or didn't but since they can't prove my claim happened on the day I said it did, not before, they'll deny the coverage? I feel like if everything I have says it did happen when and where - absence of evidence to the contrary seems like it would be circumstantial to the fact?
I sort of feel like I'm getting shafted. Is this something I get a lawyer for? I'm not sure whether or what the next step is.... should I go to the manufacturer and find a way to see if there was an attempt to send me a recall? Is this something they're responsible for (the hood looked and felt closed) This isn't something I know how to handle so any advice would be appreciated.
Auto Insurance: Denial of Coverage After Incident
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