[Rennen]

Do I file an insurance claim or not?

Pros:

1. The $$ involved are large so I feel like I need to take a shot.
2. It's DE, not racing, so I don't think the language of the exclusion applies.

Cons:

1. They could deny coverage regardless of the language, then I have a decision to make about trying to compel them to pay.
2. They can cancel my insurance and I could have a very hard time getting replacement insurance.
3. My insurance rates will definitely go way up, and I've got a son who will be 16 in three years and will jack it up even further.

I'd like to hear from some of you here. Have you make claims against regular insurance and had them pay? What are my odds? Am I wasting time thinking about it?

I'm pretty indecisive about this right now if you can't tell.

[TD in DC]

Post your exclusion language . . . word for word . . . please.

[markwemple]

Read the language in your contract. They rarely say "no racing" but some form of closed coure or non-street driving. Most are familiar with Des and don't like 'em. You my also get paid but then find it hard to obtain insurance for any vehicle.

[Rennen]

an "auto we insure" while being used in any prearranged or
organized racing, speed or demolition contest, stunting activity
or similar activities, or in practice for any such activities.

[TD in DC]

Originally Posted by RedRS

an "auto we insure" while being used in any prearranged or
organized racing, speed or demolition contest, stunting activity
or similar activities, or in practice for any such activities.

What I am about to tell you is NOT legal advice.

I would not file a claim. As an insurance company, I would like my odds with that langauge. Moreover, I would have every incentive not to settle. Add this to the fact that you can get cancelled for all of your vehicles, which is a huge problem in light of the legal requirement that you insure your vehicles. Also, if cancelled, you might have problems with other companies. Regardless of whether your claim is paid and/or you get cancelled, the increase in premiums likely would more than offset the payout over time, which means the insurance "win" would more resemble a high interest loan than what you are expecting.

Although it hurts, I would not submit if I were you. Save yourself the headache and future cost . . . deferred pain can hurt a lot worse in the long run.

[Jazzbass]

I thought a deer hit you Damn deer, they're everywhere.

[BlackTalon]

I hear what TD is saying, but I'm also from the 'it's worth a shot' school of thought. Maybe you should consult with an insurance broker about what impacts could be expected if the insurance company did pay, then dropped you.

At least one Dorki was able to get his RS repaired by his insurance company. Maybe he can chime in about the after-effects.

[Rennen]

I talked to a lawyer yesterday and he said I should file the claim, but I'm still uncertain. TD, in your reading, you're picking out specific words, but I read the combination of words and they seem to be oriented toward a contest (start/finish, winner/loser) or stunting activity, or practicing for those. I find the language to be very vague and I think that favors me. However, I can certainly see your point and agree that increased insurance payments may offset the money out over time. I would love to hear from one or two people who have experienced this first hand so I can understand better the after-effects.

[Rennen]

Originally Posted by Jazzbass

I thought a deer hit you Damn deer, they're everywhere.

Actually, it was a bison. M-Fer charged right out of the woods and rammed my car. I was really surprised. I didn't know there were free-roaming bison in Columbia, MD.

[TD in DC]

The bottom line is that you should probably pick an attorney who specializes in these issues, and ask him or her. You may even get a second opinion from another attorney who specializes in these issues. It is extremely important that the attorney knows insurance law AND the practices of specific companies. An attorney who is brilliant in one area may not have the experience needed to give you the right advice.

As good as it feels to ask guys who worry about the same things you are worrying about, it is probably not the best basis upon which to make your decision. We are not experts in this area, and EVERY case is fact specific.

My advice is biased based upon my experience with insurance companies. I have chosen to use insurance to cover catastrophic losses and self-insure losses up to the point that I am unable to pay at the moment. Many insurance companies, including mine (Geico), will take into account reports of incidents based upon questions to them even if you choose not to file a claim at a later time. I find this to be disgusting, but so is life