Our insured has a personal auto policy. He was driving to a small resort about five miles up a canyon road. He struck a large rock in the road, but continued on up the road. He stopped at the resort and saw that there was liquid coming from what he thought was the radiator.
He did not call for a tow, but decided to drive back down the canyon to a service station. On the way, the oil light came on. At the service station, he found out there was serious damage to the engine.
The insured's policy covers damage caused by upset or collision with another object, and excludes damage "due and confined to mechanical or electrical breakdown or failure."
Since the insured continued to drive the car is coverage excluded, or is the loss covered as consequential damage following the collision?
Utah Subscriber
It appears that striking the rock counts as the time and place of the accident causing the loss. The insured then reached the resort, inspected the vehicle, and realized there was a problem. Under Part E – Duties After An Accident or Loss, the insured is advised he or she must "take reasonable steps after loss to protect 'your covered auto' or any 'non-owned auto' and their equipment from further loss. We will pay reasonable expenses incurred to do this."
So, had the insured called for assistance at the time he hit the rock, or even upon reaching the resort, the insurer would have paid the expenses to minimize the loss stemming from the covered collision with the rock, as well as the collision damage. But the insured did not do this; in fact, he or she made the damage much worse than it need have been. The insured's failure got in the way of any payment the insurer might otherwise make for the engine's damage. Had there been an unbroken time line between hitting the rock and the resulting damage then we believe the insurer would owe for the entire loss; as it is, we think the most that can be justified is the cost or repair (or replacement) of what sounds like a ruptured oil pan.
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