Auto Insurance Claims: two accidents-two claims, correct paperwork, insurance companies

Question
My son was in a parking lot last month and a driver backed out into his car. There was damage to the driver door and the ins. co agreed to pay to have it fixed. Before my son could get it in to be repaired he was hit again in another parking lot by a teenager. This second ins.co. came and inspected the car and said it was totaled. This second ins. co. has only offered 30% of the book value of the car due to the "pre-existing damage" from the first wreck! So the ins. co. from the first wreck cut my son a check for $1,500 for the door and now the second ins. co. will only give him $1,500 for the second wreck. The book value of the car is $4000.  Is that legal?  I feel the second ins. co should pay the total book value of the car because the other damage was already an ins. claim and was scheduled to be fixed. Should I get an attorney?  Thank you. Chris

Answer
Both insurance companies owe for the damage they caused.  If the damages are separate and discernible, then it is an easy to handle.  Each owes for the damage they caused.  If the second accident resulted in enough damage to total your vehicle when accounting for the first wreck, then the second company should simply calculate the actual cash value of your vehicle and reduce the payment by the amount of "pre-existing damage".  

This might be confusing, but that is how it should work.  If the damages overlapped, then there is a different problem because there will be a fight as to who owes what.  The thing that is not "legal" is to refuse to pay for damages that were caused by and insured's negligence when there is a valid policy.  You might do well to get a professional to review the damages and claim on your behalf.  I will review it for free if you send me the correct paperwork to review.

I hope this helps!  Information is always free at Petty Details, LLC!  Visit www.pettydetailsllc.com for free help.

JP