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| Official forum SIG Pro enthusiast  |
My brother's car was flooded and totaled last year. He got a new Hyundai Elantra this year and has wrecked it. $7000 in front end damage due to his careless driving. While the car was being repaired at Priority Hyundai in Chesapeake VA it was hit with horrific hail. Priority is absolutely refusing to pay his deductible because they are claiming it is an "act of God". To say my brother is furious would be a gross understatement. Is Priority on the hook for damage that occurs to the car while it is in their possession? Why does Priority believe God would damage my brothers car? Has he been screwed again by the bad luck car gods? ~~~~~~~~~~~~~~~~~~~ The price of liberty and even of common humanity is eternal vigilance | ||
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| Member |
I don't deal with auto claims, but I believe the dealership is correct. It would be no different than if it was parked at an outdoor parking lot at an airport or in the mall parking lot. Would hate to see his rates comes renewal time. | |||
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Member |
I agree - Act of God or at least Mother Nature. A comprehensive claim should not effect his rates. Mike I'm sorry if I hurt you feelings when I called you stupid - I thought you already knew - Unknown ................................... When you have no future, you live in the past. " Sycamore Row" by John Grisham | |||
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| Mired in the Fog of Lucidity |
I feel for your brother! What a horrible run of bad luck. | |||
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| Thank you Very little  |
Comprehensive damage, his insurance covers the damage, it's not the dealers/paint shops responsibility to protect his car from acts of god. Now if they are out test driving it to check repairs and total it, that's a different story and they'll still try to get you to claim it on his coverage, but hail? Hard to blame that on a dealer.... | |||
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Funny Man |
I am sure the piece of paper he signed when he dropped off the car will specifically state that they are not liable for "acts of God". ______________________________ “I'd like to know why well-educated idiots keep apologizing for lazy and complaining people who think the world owes them a living.” ― John Wayne | |||
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Striker in waiting |
All of the above are correct. Weather disasters are an Act of God in insurance parlance. His own comprehensive policy should cover the damage, however. An exception would be if there was some sort of negligence or breach of contract on the part of the dealer. Were they obligated to keep it inside or under cover for any particular reason? -Rob I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong. - jhe888 A=A | |||
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Chip away the stone |
Not an insurance expert here, but I agree with others that it should be your brother's insurance company's responsibility, if he has coverage for such things in his policy. Certainly not the dealership's responsibility. | |||
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Fire begets Fire |
One day in the hot sun will pop most of the damage; car dealers know this as they see it often in states like CO. His comprehensive insurance should cover the rest. "Pacifism is a shifty doctrine under which a man accepts the benefits of the social group without being willing to pay - and claims a halo for his dishonesty." ~Robert A. Heinlein | |||
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| Go ahead punk, make my day |
Your brother should read his insurance paperwork before getting enraged. | |||
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| Official forum SIG Pro enthusiast |
When it rains it pours...and some times hails. I wonder how much all this has killed his Elantra's resale value? ~~~~~~~~~~~~~~~~~~~ The price of liberty and even of common humanity is eternal vigilance | |||
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Member |
Act of God was explained to me as being defined by the interval of time that passes between occurrences. As an example, if the last time it hailed was three hundred years ago then it was an Act of God. If the region gets hail storms once a year then it's not an Act of God. This definition may not apply in your state and may apply in others. Insurance actuaries know what regions get regular weather related damage and of what nature and will include it in your coverage and your premium. | |||
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| Member |
Fwiw, I just spoke to God and He ain't paying for no hail damage. *************************** Knowing more by accident than on purpose. | |||
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| Official forum SIG Pro enthusiast |
 ~~~~~~~~~~~~~~~~~~~ The price of liberty and even of common humanity is eternal vigilance | |||
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| Go ahead punk, make my day |
Yeah he says the rain and hail have been here since the beginning, your brother's car just got here a year or so ago. Resale value has likely been impacted a good amount, $7K front end and hail damage? He's better off using his insurance and continuing to drive the car. | |||
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Corgis Rock |
Wonder about the inventory of the dealership? I'd imagine there would be a similar amount of damage. Did their insurance decide it was also an "Act of God?" Point is, if their insurance did cover the damage, then his car would seem to be covered. You might check. “ The work of destruction is quick, easy and exhilarating; the work of creation is slow, laborious and dull. | |||
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| I believe in the principle of Due Process  |
There were thousands of cars damaged in hail last year by hail in San Antonio, lots of residential roofs, too. USAA had 36,000 auto damage claims from 3 days of hail last April. The dealership I use told me that each owner's insurance covers it, or not, not them or their insurance. Luckily, I have enough willpower to control the driving ambition that rages within me. When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown | |||
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Legalize the Constitution |
That hasn't been my experience _______________________________________________________ despite them | |||
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| Striker in waiting |
That makes no sense. The dealer's insurance would cover the dealer's inventory. Stickman's brother's comprehensive coverage will cover Stickman's brother's vehicle. Unless there was some sort of agreement to the contrary, or VA insurance law and boilerplate policy language is dramatically different from that of most other states' (which it is not), the dealer is not going to cover this. -Rob I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong. - jhe888 A=A | |||
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