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  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Angry Chemical Spill Inside Auto by a Third Party - Am I Covered?

    My question involves insurance law for the state of: Florida

    I temporarily stored a container of muriatic acid in my car's trunk. I drove for a few days with no incident. Then, negligent driving of valet parking in my building caused the container as well as other heavy boxes in my trunk to flip and turn considerably. The muratic acid container broke and acid spilled throughout the entire rear of the car causing considerable damage specially to expensive electronic circuitry.

    Now I am entering a long legal battle with the valet company. Should this be something I should handle through my insurance company? Is there a chance they can deny coverage for this type of incident?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Chemical Spill Inside Auto by a Third Party - Am I Covered?

    Read your police and see if you have coverage. Or make a claim and see if your insurance company pays it. I would be surprised if you have coverage for damage from the spillage of hydrochloric acid you were storing in your vehicle, but I haven't read your policy.

    I expect that the defense the valet company will present is (a) it's not foreseeable that you were storing dangerous chemicals in your trunk, let alone that you would store them without properly securing them or sealing the containers against leakage, and they're not responsible for damages resulting from things they could not reasonably foresee, and (b) even if they should have foreseen the presence of dangerous chemicals, their driver did not cause the spill.

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