Sniffs

accident.. is the person's insurance who hit you, liable for repairs of the damaged piece?

My car had pre-existing dmg from another accident, but was recently involved in another accident (I wasn't in the car..it was parked in a parking lot).. and someone hit me causing MORE dmg to the part that was pre-existing.. is their insurance responsible for repairing that?

SEXB909

So your new accident. Is it in the same area? Do you have that other person's insurance info?

Sniffs

It's on the bumper.. pre-existing was on the left side of my bumper, new damage is smack dab in the center of the bumper, and there's fog light housing damage because of the new accident.


yup, got hte other person's ins info.. they've paid for the entire back end which was 4600 bucks, but they are refusing to pay for my front because there was pre-existing damage.

My car's been in the shop for 5 weeks now.. I just want to know if they are legally obligated to pay because she DID cause damage.. but because there was pre-existing, they are trying to wipe their hands of it.

here's a pic....as you can see, there's damage under my light.. but now she has added damage, a dimple in my bumper as well as my fog lights have moved....

SEXB909

who is they and what insurance company is handling this? Also who do you have?

Sniffs

I have AIG, they is the lady who had a seizure and slammed into the back end of my car, pushing me forward and into the car on my left.. Her insurance is USAA

I was parked in a movie theatre.. i come out and my cars banged up.. some 70 year old lady had a seizure and slammed into my back right, doing frame damage, pushing me forward into that pillar and into the car on my left..

they(USAA), has paid 4600 dollars to repair the back 2 quarter panels and back bumper.. but they(USAA) are refusing to pay for the added damage to the front bumper because of the pre-existing damage..

Are they legally obligated to pay? or can they sweep it under the rug and claim otherwise?

SEXB909

wheewww okay saw that you were from YL made me think you are possibly one of my insureds. I work for Mercury

-well if you already have existing damage to your car the claimant carrier is not liable for the existing damage. Only way you can get them to fork it out is to negotiate with them. Tell them that at the time that the existing damage didnt mean anything too important , but the current damage is more than scratches. Its a dent!

Sniffs

So they get away with not paying even though she did cause some damage to the bumper/lights?

I'd be more than willing to half the cost of fixing the damage.. can ins companies even negotiate? lol

SEXB909

yup. Oh the light is a seperate issue away from the bumper.

Sniffs

How can I negotiate with them if they can just not even fork over any money for it??

the lady that hit me, I'm not even sure she was supposed to be driving.. and the fact that my car's been in the shop for 5 weeks and my INS only covers 30 dollars a day whereas for 2 weeks I had a stupid SUV that was costing $47.. so $17+tax every day out of my own pocket (then I was able to trade the vehichle in and get something cheaper).. im not going after them to reimburse me for that..and i DONT want to go after the lady legally..i just want me car fixed and done with..

burstaneurysm

First off. You didn't tell them that there was preexisting damage, did you?

If they pushed your car into a pillar, it's reasonable that they would have to repair the front end as well.

Sniffs

I did not tell them there was pre-existing damage..infact when they first brought it up, i played dumb..

would they at least be responsible for part of the damage on the bumper?