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I was driving my vehicle one day. As I was driving, all the lights on the dash came on and my car stalled. Had car towed to dealership thinking it was a batter issue. Turns out I have severe water damage which was a complete and utter shock.
The tech found almost a foot of water in/underneath the car. I had no smells in the vehicle, no signs of water, nothing! They told me the water drainage pipe is broken which causes all the damage. I promptly filed an auto insurance claim.
I was informed that this might be my responsibility as this is maintenance. If the sun roof was clogged with debris (which it never was) this would have the caused the pipe to "back up" which isn't the insurance co's responsibility.
This is so surreal to me. I just brought my car in for scheduled service, and everything was fine. I had no signs there was something wrong with my car until it gave out. I took really good care of my car, and really, I hardly ever drive it.Do I have any recourse? Any suggestions is greatly appreciated.
"Collision" means the upset of your covered auto or a non-owned auto or their impact with another vehicle or object.
Loss caused by the following is considered other than collision:
Missiles or falling objects;
Hail, water or flood;
Fire;
Malicious mischief or vandalism;
Theft or larceny;
Riot or civil commotion;
Explosion or earthquake;
Contact with bird or animal; or
Windstorm;
Breakage of glass.
If breakage of glass is caused by a collision, you may elect to have it considered a loss caused by collision.
And the following exclusion applies:
Quote:
Damage due and confined to:
a. Wear and tear;
b. Freezing;
c. Mechanical or electrical breakdown or failure; or
d. Road damage to tires.
I think you are on your own but make sure you get a written denial from the claim rep with an explanation for the denial.
This sounds like a maintenance issue and not something that would be covered by insurance. If you rarely drove the vehicle you might not have noticed that this was happening but unfortunately that is on you. It's not a comprehensive or collision event.
The dealer performed a test, and the pipe was clogged, however, they are unable to determine exactly what caused the clog (could have been a defect). No debris found in car which I knew there wouldn't be since I never open the sun roof. I feel that if I brought the car in for service 6 weeks ago, something would have been detected at that time. I was told the car was in perfect shape
I spoke with two other Mercedes Benz service departments in my area.
They advised me that cleaning the sunroof drain clog is not owner serviceable, and they strongly advise owners not to do this themselves as it could cause further damage.
The issue would have first needed to be identified, however, I was experiencing no issues with the car, no leaks, etc.
I do know from reading online that alot of German vehicles, especially BMW, has defective/faulty drainage pipes -(
I spoke with two other Mercedes Benz service departments in my area.
They advised me that cleaning the sunroof drain clog is not owner serviceable, and they strongly advise owners not to do this themselves as it could cause further damage.
The issue would have first needed to be identified, however, I was experiencing no issues with the car, no leaks, etc.
I do know from reading online that alot of German vehicles, especially BMW, has defective/faulty drainage pipes -(
You situation is tough, but I think it comes down to the fine letter of the policy or contract. I, too, would characterize this as a maintenance issue even if you could not perform this service yourself.
The insurance company does not have an obligation to pay any claim you present. It must only pay those covered under the policy.
Sometimes, when the claim is a personal injury claim to a human being (as opposed to property damage) some policy exclusions will be held null and void based on a public policy that people should be able to recover at least some minimal amount for personal injuries. However, the same rationale does not apply to property damage claims.
A lawyer in your state could read the policy language and give you a better opinion than those of us on this forum can. However, that will cost you money and the result may well be the same.
Sometimes, we just have bad luck.
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