Insurance question

Mike Andrew · 03-17-2022, 05:07 AM

Here's the situation.

Car parked in hotel lot in front of my room. Loud noise at 4:20 A,M, I look outside and see the hood covered with snow and ice. I take photos of car and hotel roof where it broke from.

Clean hood later to go ski. Big dent across hood just in front of wipers. Talk to owner and he agrees my car is damaged and calls his insurance carrier and sends my photos and his photos of damage. New hood will be needed as damage is way beyond a paintless repair.

His carrier calls and starts confab by asking if I felt he was negligent. I respond that I don't know but debris fell from his roof and damaged my car and there were no signs warning of this hazard. She then asks if he is responsible for snow. Then the negligence question again. Finally tells me they must do further investigation and will be in touch.

I think I smell the beginning of a screwing here. Guessing cost to be around a grand based on Subaru price for a primed hood and paint and install.

Thoughts on liability issue and my pushback options on his carrier.

Norm K · 03-17-2022, 05:10 AM

Maybe contact your auto insurance carrier and have them work with the hotel's insurer.

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KFC911 · 05:27 AM

Quote:

Originally Posted by Norm K

Maybe contact your auto insurance carrier and have them work with the hotel's insurer.

_

^^^^ This. That said .... I don't think insurance (yours or his) is going to pay for the damage to your car unless you have comprehensive coverage on it specifically. That's just the way it is in many cases ... for better or worse. Best of luck!

edited for example: A neighbor's healthy tree falls on your car or house .... it's not their problem. It just is...

cabmandone · cabmandone's Garage

What Norm said! And be very guarded in what you say to their insurance company.

Mike Andrew · 03-17-2022, 05:34 AM

Thanks. Waiting for their response before I get my insurance involved. If I can go comp, I'll weigh out of pocket vs deductible vs anticipated premium increases.
Off for quotes

cabmandone · cabmandone's Garage

When I used comp, my insurance didn't go up for what that's worth.
I think I'd inform your insurance company just to be on the safe side. Many times they'll negotiate with the other insurance company on your behalf.

McLovin · 03-17-2022, 05:39 AM

They asked you if you believed the owner was negligent because that’s what insurance covers. Negligence.
Your layman’s opinion on whether the owner’s actions or inactions legally constitute negligence probably isn’t that important. That’s really dependent on the facts, which are what they are.
Your answers were good. But are they trying to set you up for a screwing? Of course. That what insurance companies do. Or, to put it more diplomatically, they do whatever possible to avoid paying claims.
You of course could turn it over to your own insurance. They’ll fix your car and if they believe the hotel is at fault, theoretically they could then seek recovery hotel and its insurer. For $1k they may or may not do that. I’m always hesitant to make relatively small claims to my insurance because of subsequent rate hikes. Comp claims are of course different than a collision claim, but it still makes me nervous.

McLovin · 03-17-2022, 05:41 AM

Quote:

Originally Posted by Mike Andrew

Thanks. Waiting for their response before I get my insurance involved. If I can go comp, I'll weigh out of pocket vs deductible vs anticipated premium increases.
Off for quotes

Exactly.

GH85Carrera · GH85Carrera's Garage

Quote:

Originally Posted by Norm K

Maybe contact your auto insurance carrier and have them work with the hotel's insurer.

_

This. One reason you have insurance is to have them talk to the other insurance company. They have a team of experts that do nothing all day, every day, but talk to other insurance companies.

Long ago back in the olden days when I was single and dating I was dating a chick that was at the grocery store loading her groceries into the trunk and she felt a migraine headache starting. She was just a couple of miles from home and she felt she could get home before it really hit. At one point she changed lanes and hit another guy in a minor fender bender, no injuries. It was her fault, and she exchanged information, and went home.

A few days later she had a process server show up at her workplace and serve her. The guy she hit was low life ambulance chaser attorney. She called me asking what to do. I told her, relax, call your insurance company. It is their problem. She was not involved any further, and her insurance took care of whatever the settlement was. She paid the deductible, and got her car fixed.

Chocaholic · 03-17-2022, 05:45 AM

Interesting that they asked you if it was negligence. It seems that would be up to them to decide. But considering it’s only about $1k damage, if they won’t fix it, I would just pay it out of pocket. Heck, I carry a $2k deductible. I see insurance as something for catastrophes. This is not and a small claim only opens the door for a rate hike now, or down the road.

KFC911 · 03-17-2022, 05:58 AM

^^^^ This. Don't think for a second that "your" insurance co. is on your side either.... they are a business.

Small stuff .... just write the check ... jmho.

KFC911 · 03-17-2022, 06:16 AM

One more thing... do you REALLY need a new hood? I'm betting the dent can be fixed and then repainted just as good as a new hood replacement.

I am cheap .... but my parents were married

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cabmandone · cabmandone's Garage

If you're not going to use the insurance, why pay for the insurance? It makes no sense to me that if you have comp coverage that you don't use the coverage.

This isn't directed at the OP. It's more my thoughts on having a certain coverage. If I've got it, I'm gonna use it! Otherwise why am I paying for it?

KFC911 · 03-17-2022, 06:23 AM

^^^ I usually don't pay for it

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Rick Lee · Rick Lee's Garage

Quote:

Originally Posted by cabmando

If you're not going to use the insurance, why pay for the insurance? It makes no sense to me that if you have comp coverage that you don't use the coverage.

This isn't directed at the OP. It's more my thoughts on having a certain coverage. If I've got it, I'm gonna use it! Otherwise why am I paying for it?

I dunno about this. In AZ everyone has $0 deductible comp for glass. And everyone needs a new windshield every two yrs or so. I'm a road warrior, so it happens to me about once a year. Hell, even if getting a chip repaired, the wait can be so long that it becomes a crack all the way across, requiring a new windshield. Mrs. Lee had two in three months and even a $6k claim when a rock caved in her sunroof. Our rates don't increase due to glass claims. But if they increase anyway, our glass claim history makes us very unattractive to other insurers. So I'm to the point where I'll pay out of pocket once in a while to keep the claim numbers down.

Mike Andrew · 03-17-2022, 07:39 AM

Estimate 1 is $1500. Deductible is $1000. Waiting for 2nd estimate via email. May chase a 3rd from the shop that did my 911 bare metal respray. Implicit trust there.
We will see what his insurance comes back with and likely involve my carrier.
Way beyond repair/repaint.

McLovin · 03-17-2022, 07:53 AM

Quote:

Originally Posted by cabmando

If you're not going to use the insurance, why pay for the insurance? It makes no sense to me that if you have comp coverage that you don't use the coverage.

This isn't directed at the OP. It's more my thoughts on having a certain coverage. If I've got it, I'm gonna use it! Otherwise why am I paying for it?

Assuming the comp claim doesn’t affect future premiums or insurability, yes.
Not car related, but I had roof damage caused by wind. My insurance carrier came out and looked at it, he suggested replacing the whole roof. Which was like $13k. I could have repaired damaged part for $1000-$1500 with my own roofer.
I agreed to let the insurance co replace the roof.
That was a mistake. They raised my premiums so high the next year, basically enough so that they’d recover what they paid out on my roof in 3-4 years from the premium increase alone. I ended up having to find another insurance company to get my premium back in line. (This was on a commercial building). The whole thing sucked.
Yeah, I know that’s different than an auto comp claim. But I’m still salty about it and insurance companies in general.
So to me if this is a $1500 damage with a $1000 deductible I’m likely just going alone, Id probably try to negotiate the price down a bit with the body shop since it’s being paid out of pocket.

Tobra · Tobra's Garage

Quote:

Originally Posted by cabmando

What Norm said! And be very guarded in what you say to their insurance company.

Do not speak to their insurance company any more, you should not have spoken to them at all.

Call your carrier

flatbutt · 03-17-2022, 10:24 AM

Negotiate with the owner for free hotel stays.

LWJ · 03-17-2022, 11:36 AM

So I do Insurance for a living.

Short answer? I don't know just yet. Here is why:

If the hotel was negligent and all parties agree to this? They pay.

What forms negligence? When did didn't do what a reasonable person would do. Would most folks clean the roof? Not sure. Does the hotel clean the roof other times? Then you have a precedent.

If negligence isn't established on the hotel? It is probably on your auto carrier.

Example: When my tree totalled my (azzhole) neighbor's SUV, his carrier paid. Why? I wasn't negligent.