Question:
My car received severe damage in a recent hailstorm. My car
insurance company knows I have a garage, but the car wasn't parked
in it at the time of the storm. Could my insurer deny my
claim because my car wasn't in the garage? I'm in
Texas.
Answer:
No, your auto insurance company shouldn't be able to deny your
claim just because your car wasn't in your garage. If you
have
comprehensive coverage
on your vehicle, then its hail damage is covered, minus your
deductible. (More questions? See "
Hail damage: What you need to know.
")
It's true that your car insurance provider would prefer that you
had parked your car in the garage (and I'm sure you wish that as
well) so that it would have been kept out of the storm, but they
also should understand that just because you have a garage doesn't
mean your car will always be parked in it.
As the Texas
Department of Insurance
(TDI) points out, thunderstorms that produce lightning and hail are
unpredictable and dangerous. The TDI says that such storms
are short, an average of only 30 minutes long, but occur
approximately 100,000 times each year.
Your car insurance company can't expect you to know when a storm
that will produce hail will pop up and get your car home and in the
garage before damage can occur.
Auto insurers know you may be away from home or even parked in
your driveway but find it too dangerous to move the car once a
storm has arrived. Unforeseeable natural occurrences such as
this are one of the reasons you carry comprehensive coverage as
protection for your vehicle.
The exception to this may be if you have a
classic car
with specialty insurance for it.
Most classic and collectible car insurance policies stipulate
that the insured vehicle must be enclosed in a secure structure,
when not in use, for certain coverages to be maintained. So,
if you have a classic vehicle and keep it in the driveway instead
of the garage, then your insurer may be able to take issue and deny
your hail claim.
You said your hail damage was severe, so it's a possibility that
your car will be totaled out if the repair estimates are near or
more than the worth of your car. If your car is totaled out
from the hail damage, then your insurance provider would pay you
its actual cash value (ACV) instead of it being repaired.
While this hail claim shouldn't be denied, if it is, then Texas
laws say that the insurance company would have to explain the
reason in writing. You then can ask to see the policy
language they used to make their decision to deny your car
insurance claim.
Your agent should be able to answer specific questions once you
make your hail claim. If you run into any issues, then
contact the TDI who can give you consumer advice or let you file a
complaint if you get into a dispute with your insurer.