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Your Car was Stolen and Damaged in the Process—Which Coverage do You Use?

Posted by Kenneth Stalter | Nov 05, 2020 | 0 Comments

Auto theft is an unfortunate fact of life in Albuquerque. Worse, even when a car is recovered, it may have suffered serious damage.

Both collision coverage and uninsured motorist coverage potentially apply to your claim, depending on the facts of your case and the terms of your policy. Which should you use?

Important differences exist between collision coverage on one hand and uninsured motorist coverage on the other. By law, uninsured motorist coverage for property damage has only a $250 deductible. The deductible for collision coverage is frequently higher. Uninsured motorist property damage coverage may also cover types of damages that collision coverage does not.

Do not assume that your insurance company will open the claim under the coverage most favorable to you. Some companies make a practice of opening the claim under the coverage with the higher deductible. You have the right to have your claim evaluated for any coverages that could potentially apply. If your insurance company says that a certain coverage does not apply, the company is required to explain its reasoning.

Your insurance company must treat you fairly and honestly through this process. If you are not being treated fairly and honestly, consider consulting an attorney with experience in insurance bad faith.

About the Author

Kenneth Stalter

Ken Stalter graduated with honors from Harvard Law School in 2008. Before founding Stalter Law LLC, he was General Counsel to the New Mexico Attorney General. A former prosecutor and appellate attorney, he has experience with all levels of the New Mexico court system. His clients include New Mexi...


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