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Apollo Casualty denied my son's claim against their insured who was both intoxicated (noted on police report)and driving recklessly based on their following stated reason: "Our insured's axle broke. He had no prior knowledge that this was going to happen."
This is a ridiculous justification for their denial. Their insured ran into two parked cars on a single lane residential street; damaging the first quite extensively & my son's (the 2nd one hit) fortunately, not as severely.
Does their insured's failure to properly maintain and control his vehicle limit his liability for damage he causes to the personal property of others? Was the axle damage caused before or after the accident and is this even relevant?
What kind of insurance company does this kind of thing? Have other complaints been made about this company? Since the damage isn't much more that his deductible, I won't advise my son to file this claim with his insurance company because I'm sure it would cause his rates to rise. And I bet Apollo is counting on our not filing a claim or following up with an attorney.
I wonder if there is a law against this type of denial.