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Is it Legal?

In NY State by law you must have a rear defroster. If the back glass defroster doesn’t work and the elements are beyond repair, does this qualify as a broken back glass?
The glass is not shattered but the defroster is beyond repair, is the Insurance co. obligated to replace it?The glass has to be replaced by law. That fact renders the glass broken

Re: Is it Legal?

Insurance co's are not obligated to pay for repairing vehicle glass parts that have worn out, any more than paying for worn out tires.

Re: Is it Legal?

technically the back glass is broken, broken doesn't just mean shattered, if the part is not functioning it is broken. Its like a door glass with broken tabs the glass is not shattered but the glass is not able to serve its intended function.

Re: Is it Legal?

Right, but insurance co's still don't have to indemnify policy holders for wear and tear, even if there tabs fell off their doorglass. Headlights wear out too, insurance will not cover those. Sparkplugs wear out, belts wear out, alternators wear out, pretty sure all that is not covered.

Re: Is it Legal?

I hear ya glasssgod and understand,,, but,, I agree with rich here. If part of it's broken, it's broken. We run into this at times and ask the ins co, does the customer need to go to the ballfield, or the golf course and wait for an accident to happen, or do you want them to just drop a brick on it??? They most always say "no, they don't have to go to such extremes, we will cover it". We also run into cases of Horribly pitted w/s, sometimes elderly drivers that, lets say the car has 130k and the original w/s. When you drive into the sun you can't see squat. Now this is wear and tear,technically, but does the ins co want to take the risk of an accident happening? We call it "UNREPAIRABLE" and needs to be replaced, either they have glass coverage or not. Most the time the ins co does the right thing, it's just sad they try to use every tactic to not pay on claims, just collect the premiums! When the consumer stands up to them they win. Our industry needs to learn that!!!!!

Re: Is it Legal?

If you can get 'em to cover those types of wear and tear, that's great. Yesterday we replaced RFD on '95 G-Van, the channel was rusted too bad to reuse, insurance co. wouldn't cover it. I knew I was wasting my time attempting to get it covered. Fleet company had to pay for it themselves.

Re: Is it Legal?

Replaceing a rusted channel wouldn't be covered. The glass itself was still useable. Harware that wears out but does not render the glass useless, I agree isn't covered. A part of the glass itself which isn't repairable and renders the glass useless I believe throws the glass into the catagory of broken.

Re: Is it Legal?

Heating elements are not glass. If the glass is not broken, then it's not broken. It really doesn't matter what is connected to it.

Insurance doesn't cover wear and tear damage, normal use damage or just stuff that breaks for some strange reason. It's the same as the insurance not covering the radio if it breaks or the seat if it stops adjusting.

JAC

Re: Is it Legal?

Yes but the law does NOT require the radio to work or the seat to adjust it does require the backglass to defrost

Re: Is it Legal?

Should a rusted pinch weld be considered wear and tear? We had an agent and lynx both tell me today that a rusted pinch weld is considered wear and tear even if it is do to a faulty install . What do you guys think? Remember if you follow "THE STANDARD"
we are not allowed to install a piece of glass if the pinch weld is rusted . So why is it that most insurance companies and tpa's wont pay for the extra 2 hours that it took to fix this problem.

Re: Is it Legal?

The glass was broken, that's how we found out the channel was too rusted to reuse. That's why the glass broke, all they did was shut the door. Ins. co still won't pay for channel.

Re: Is it Legal?

Lets take this to the level that worries insurance company claims managers: The vehicle with a pitted windshield is being driven to work eastbound on the Long Island Expressway on a sunny morning. The driver comes up over a rise in the highway and the glass goes opaque from the pits. The driver doesn't see the stopped traffic and barrels into the last car in line driving it into the next six. The first car to be hit contains a family on their way to the beach and several members are seriously injured and the the car is totalled. The other vehicles have similar injuries and damages and the entire accident cost the insurance company a minimum of $300,000 in liability, med pay, and associated expenses.

The cost to replace that pitted windshield was less than $500. Should the insurance company focus on the potential liability exposure which is obviously much greater or the smaller comprehensive claim?

Re: Is it Legal?

Insurance covers incidents that happen suddenly and without notice. It is not a maintenance aggreement between two parties.

Re: Is it Legal?

Are the agents 'spose to run around and look at each policy holder's w/s to see if any are pitted? Then what? Waive their 500.00 deductible so they don't start a chain reaction accident? Let's deal with realities please.

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