ok so as some of you know, our element was the victim of a parking lot hit and run. ivy had no idea there was anything wrong at the time, as it was running fine. well the radiator was cracked and it blew the head gasket. she did not know anything was wrong as it really had no driveability loss. there was no idea there was anything wrong until she went to the gas station that same night and the store clerks ran out to tell her not to fuel up. then the damage was noticed, she called me immediately and i drove out to the gas station, that was about 4am. well our new insurance carrier Progressive later advised us the motor would need to be replaced. they authorized the replacement, and sourced a motor with same or fewer miles for 500 less than the dealership was able to find. well now they tell us that she failed to use proper caution after the vehicle was damaged and they won't pay for it. better yet they are cancelling our rental car even thought it may be another week before the element is fixed. WTF?

proper caution eh? how about a poll... if it is 4am, you have very limited mechanical knowledge and you notice nothing wrong with the way the vehicle is running, how are you supposed to know what to do? she knows if she sees the oil light come on that she should go to the nearest safe place and call me. so based on the average non-car person, what would you do if your check engine light came on at 4a on a weekend in a not so safe area?