QuestionQUESTION: I've recently got into a car accident and am not at fault. the accident caused damage on the front left side of my car. i contacted his insurance. the auto company refuse to pay for the damage on the bumper caused by the accident because they claim that prior to the car accident my bumper was already "totaled" or should have been replaced. my bumper was fully functional before the car accident and is it professional to say that they will not pay for the new damage on my bumper by looking at the old damage on my bumper which by the way is on the right side of the bumper?
thank you.
ANSWER: It is a standard practice to deduct what is known as "betterment" in cases in which a part has prior unrelated damage. The percentage they deduct is usually proportionate to the pre-existing damage and the current damage for which they are liable. However, dealing with a liability carrier can be very difficult, as they have no legal duty to you. Their policyholder---the person who caused the damage---on the other hand is liable for the loss.
In order to get them to pay you might send a certified letter to the at-fault party demanding that they pay for the cost of the repair of the damage and reminding them that but for their negligence you would not be in a position to have the bumper replaced at all. Tell them that you are holding them liable for the damage repair costs and you will seek recovery by whatever legal means necessary. Send a copy of this to the insurance company (also certified) and see what their response is.
If they still refuse to cover the cost, take the person who hit your car to small claims court.
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QUESTION: should i get my damage re-estimated and include that in the certified letter. if so, where should i go, any body shop? and if they ask me if there is an insurance company involve, what should i tell them? because if i tell them yes, they'll contact an adjuster again.
ANSWER: Get an estimate from any body shop you like. Explain to them the circumstances and get their price for the repairs. The body shop won't be interested in who has to pay for whar part of the damage, but will give you a price on replacing the entire bumper. Find an independent body shop, one without what's known as DRPs, which are direct repair programs in which they have a contract with an isurer. While most shops today have a few DRPs, look for one that doesn't have one with the insurance company involved.
Ask the shop directly about their DRP arrangements.
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QUESTION: in the first answer you wrote "......they pay for the cost of the repair of the damage and reminding them that but for their negligence you would not be in a position to have the bumper replaced at all."
i think im misunderstanding the statement.
i should inform the at-fault party that prior to the car accident i had no intentions of replacing the bumper, right?
when i go to the body shop should i ask them for the estimate of replacing the bumper or restoring the bumper to the condition before the accident?
thank you for your answers!
AnswerGet an estimate for a new bumper from the body shop and submit that to the liability carrier. Let them determine the amount of betterment. And yes, in your letter to the at-fault party let them know that without the damage they caused to the bumper, it was functional and was not going to be replaced. But now, however, it is damaged to the point where it must be replaced and you hold them liable for the cost.
