Insurance Law/File a claim?


I recent put a short scratch on a co-workers car right in the same spot as another prior scratch that she had been intending to fix. I told her this when I went into the office.

She took her car to a body shop and got an estimate for $900 and told me she would consider contributing $100 to the bill to fix her car.

In the first place she had prior damage which we all knew. The scratch is almost negligible.

Do you think it's right that she is asking me to pay cash for the damage I did plus the prior damage?  

Should I just call my insurnace co again and re-open the claim?

My co-worker is a dr and I am an assistmant with very little resources but I want to do the right thing.

I just don't feel that it is fair for me or my insurance co to pay for what I didn't do.

Please advise.

I filed a claim but cancelled it thinking we were going to perhaps split the cost of the repair. She has told me "Well, it's better than filing a claim and paying the $500 deductible, since it will look bad on your driving record.

Hi Lee-
I would reopen the claim.  The insurance company will investigate, and should be able to determine how much of the damage was caused by you, and how much was previous damage.  This would be covered under your property damage liability, and you would not have to pay a deductible.  It would count as a claim on your insurance history, but that is the only way that I can see that you don't get stuck paying for damage you didn't cause.  Once the amount is determined, you can ask your insurance company if they will allow you to pay for the damage, rather than allow the claim to be counted as surchargeable.  Can't hurt to ask.  Hope this helps. :)


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I am a licensed Property/Casualty agent in the state of Wisconsin, a Certified Insurance Counselor and a Certified Insurance Service Representive, with a 15+ year background in personal insurance underwriting. I am currently working in the Homeowners and Auto field, and was licensed in Life and Health insurance years ago. I can provide input if you will give me a "one paragraph what`s the story", however depending on the situation, do note that as policy forms and endorsements vary by the state, the information may be general and educational in nature.


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