Question I have a $500 diductable on my car. I got into a car accident and they say They cant fix all damages because te car was in another car accident. I was not in another car accident. can they do that. If I show them on car fax that the car was in another car accident. can they pay for the full damages
Answer Mary,
It would appear that the claim adjuster has determined that there was existing damage to your vehicle before this latest accident. Unless you can prove that the damage to your vehicle is fresh, I would say that the insurance company has a right to deny covering the cost to repair those pre-existing damages.
You may consider consulting with an attorney who, for $300 or so, may send a letter to the insurance company threatening to seek relief via the court. If the cost to complete the repairs is less than the cost to defend their position in court, the insurance company may offer to fix all of the damage to your car. However, if they are certain that the evidence proves that these other damages were present before the accident, they may decided to fight you in court. You might lose and even be required to pay the insurance company's court costs.
So, if there is a chance that the damage in question existed before this latest accident, then let the insurance company repair the most recent damage and get on down the road.
