WIDEOPN-X3 said:
What was the first condition for denial (or repudiation) of the claim?
You have alluded to this as the reason;
5.25 Prevention of loss
"You must take all reasonable precautions for the maintenance and safety of the insured property. This means that you must take reasonable steps to prevent and/or minimize loss, damage, death, injury, liability and accidents. You may carry out emergency repairs to prevent further damage with our consent."
The underlined part especially but the whole clause as quoted by you is rather vague. Clauses like this can sometimes be voided for vagueness and hence perhaps Discovery's back up stance of the D n D angle. Who determines what the "reasonable steps to prevent loss / damage" are? Discovery.
I would recommend for the amounts involved that you lawyer up and get an accident specialist in on your behalf. But if you are not CERTAIN that your evidence and statements of events will withstand cross examination, don't waste your money.
Also, if you are not CERTAIN of what evidence they may have against you, save your money especially if there's the slightest chance of them proving a probable D n D against you.
Would you be prepared to submit to a polygraph regarding the circumstances of the loss? If so, tell Discovery that. You need to demonstrate at all times that you are co-operating and willing to assist. In so doing, it weakens their position particularly if they're clutching at straws.
BUT, here's the other side of that coin. Stemming from that meeting last week, be aware that most Underwriters will not hesitate to appoint an investigator (and I am not talking about assessor - I mean forensic specialists) if they form the opinion on evidence collected by assessors that the claim is not genuine. I know of one individual currently sitting inside for fraud in regard to an MVA. The old "flip the car with a tow truck" trick and the "claim the pedestrian ran across in front of me and I swerved" defence.
I am not trying to dissuade you from claiming but I am saying have all your ducks in a row and make SURE your claim is genuine in every aspect.
I will leave you with one observation (again granted it is from one photo) and then withdraw from this discussion because I have formed an opinion but will keep it to myself.
The damage to that rim is not a slow speed impact....
I don't agree here...
If the tyre was away from the rim, and the rim in contact with the roadway while the car was turning and moving, then the sheer weight of the car with the roughness of the roadway could cause the rim to start breaking apart.
That shape of curb, and the angle of it, I can't see how the rim would shatter the way it did...unless higher speeds were involved, and then I am sure there would have been suspension damage as well.
Look, Only the driver knows what really happened, and the insurance company is now playing devils advocate by twisting all relevant information into their own advantage, as to not have to pay the claim.
Every story has 3 sides... Yours, Theirs, and the truth... and this has clearly become a "He said, She said" scenario where You as driver is saying this happened, and they as insurer is saying that happened...
In my opinion a SERIOUS FAIL on the insurance company side, using that tracker unit data, that in actual fact is stating you were driving under the legal speed limit while damage occurred, stating the Harsh acceleration and Harsh cornering as the cause of the damages.
What exactly, do they define as Harsh acceleration and Harsh cornering??? and how by law, can they refuse the claim against you, Unless you agreed to their terms in contract, allowing them to use this data, and that if you are seen to have done Harsh Anything, they can refuse a claim.