Expert: Richard Hixenbaugh - 12/9/2009

Question
I was rear-ended by a truck while stopped at a stop sign. I filed a claim with the "guy's" insurance company. They sent an adjuster out to look at my car. I admitted to him to one previous scratch on my car that was on the side of the quarter panel above the passenger side tire and pointed out the damages from the accident. He told me he was gonna make his estimate and they will call me. Two days later I had to call them and found out that he didn't account for all the damages to my car and that the adjuster "felt like" there was prior damage to my bumper, which I denied. He also didn't account for damages to my car's spoiler, back of the quarter panel and a piece below my broken taillight. I had estimates done at two body shops for the damage he missed and for the bumper he claimed was prior damage and offered to settle for the average of those two estimates. I was denied. They claim everything except my taillight is prior damage. Is there some kind of a "burden of proof" on who has to prove what was on the car before if this goes to court or even if it doesn't? I also have two witnesses who saw the car immediately prior to the accident, and know that only the scratch I am admitting to was on the car before the accident.  One was my passenger and I know the other person, she saw the car, recognized me and wanted to buy it. The insurance co. is pretty much telling me that those witnesses don't count.  Could that be?

Answer
Hi Lolla,

Unfortunately, this is how insurance companies treat people. They will claim that your witnessess don't count, they will claim that all of the damage is unrelated prior damage (even if it's not) and they will leave you to figure out what to do.

Unfortunately in this case the only thing you can do is either accept it or file a law suit against the person who hit your car. Bring your witnesses. You will also need to bring to court someone from a body shop that will be willing to state under oath that all of the damage (except the scratch looks to have been caused by the accident. If the judge believes your story and the testimony of your witnessess you will win a judgement that will cause the insurance company to pay your claim.

I hope this helps
Richard Hixenbaugh