Expert: Bennie719 - 7/27/2009

Question
On Dec 23rd of 2007 I scratched the driver side of my car on a decorative rock in a driveway. State Farm found me negligent, paid me 3,000 to fix the scratch on the lower side of the front & back fender, front and back doors pretty even scratch across. My ins went up $25. per month. For whatever reason I didn’t fix the car yet. About a month ago my daughter, visiting from out of state borrowed my car and got in an accident. The other car hit square into the driver side rear door, Totaled the door and crushed the inside footstep. State farm is deducting $2,400 from the repairs to the back door because the previous accident was not repaired. I would think that regardless if the car was fixed from the first accident or not this accident should be considered separate as far as the back door repairs are concerned because we went from a scratch to a demolished door that wont open. The auto body shop couldn’t put it back to the condition it was before if they tried so they replaced the door.State farm seems to be capitalizing on the fact that the car was redamaged before repairs. Had I fixed the first scratch, State farm would have to fix it all anyway. Am I right?

Answer
Hi Steve,
Of course, if you had repaired the previous damage you would be owed full payment for
the current damage.  The fact that you chose to not repair the damage lowered the fair
market value of your car by $3,000 as opposed to the identical car with no damage.

Any company is entitled to deduct "old" damage from the cost of what they have to pay
for "new" damage irregardless as to whether or not you had previously been paid
for that "old" damage.  You can't collect the full amount of new damage that occurs
on top of old damage.

Your argument that you should be paid in full for the new damage even though the old
damage had not been repaired "because if it had been repaired then you would be entitled
to full payment" holds no legal value since the old damage was NOT repaired.

You ARE being treated fairly by the insurance company.

Hope this helps.

Bennie
San Francisco Bay Area