dy156

They'll use anything and any excuse not to pay. That's how insurance companies make their money. If the damage is less than the deductible, well, you shouldn't have reported it. Just suck it up. If there's alot of damage, a simple nice letter saying that you disagree and that it was the fault of a road condition might bump it up to the next level and they'll pay, assuming they've just denied the claim as a matter of course. The squeeky wheel gets the grease. (Assuming it really wasn't your fault.) Your rates will be going up, regardless. Then again, your rates would be going up anyway, too. Have I mentioned that I work with insurance companies alot and I really hate them? It also depends on the quality of your insurance. Top of the line, such as Farmers or State Farm are better about accomodating squeeky wheels that have been with that company for awhile. Cut rate carriers will really try to screw you the more you "cause trouble."
Talk to the adjuster and see if you can get a read on him/her. This little peon that thinks he/she is cool because they have a palm-pilot strapped onto their belt has a whole lot of power, believe it or not. They can either help or make your life suck. The main thing they want is just to have this claim handled and over with. So be nice to them, unless they won't help you, then be nice to their supervisor and try to make them look bad to the supervisor. (unless it's a cut-rate carrier, and even then, you're still screwed.)
Do not threaten to sue, whatever you do, because then the claim will get bumped up to a litigation adjuster, and they will do everything in their power to not pay. If the damage is REALLY bad and they won't pay, there are laws in most states that prevent the insurance company from screwing you, but it's probably not worth it.