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Auto Insurance Claims/3rd Party Insurance Company Claim

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Expert: - 4/21/2010


Question
Good Evening

My car was hit in a parking lot while I was in a place of business, the cop actually saw the person who hit my car and stopped them to get their information from them.

To make a long story short, I got the information and made a claim with their insurance company. The car was sent to the body shop and their insurance companies appraiser appraised the damages. However, the dealership said that it "looks to be prior damage and we cannot fix the current issue without fixing prior damage". So the insurance company let me know that they can pay what the damages cost to get it fixed and they won't pay for the other work the dealership will have to do.

I was in an accident a year ago with the vehicle and it was fixed by an autoshop. However, even if their is prior damages, there would not have been ANY damages had they not hit my car.

So my question is, can they refuse to pay for the total repair?

Thanks

Crystal

Answer
Hello,

I understand your point about if the car had not been hit by this car, you wouldn't be dealing with the prior damage.
You ask if the insurance company can refuse to fix the car with the prior damage. Yes they can.

If the car is drivable, take whatecer you can get and check around if there is a local body shop hungry enough to fix the car entirely for what you get. Dealers do not merit the high prices they charge.

You are very lucky the cop got the driver's info. Usually on private property they don't get involved.

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Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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