QuestionMy Question is about how much a insurance agency can deduct for prior damage. I bought my car a year and half ago and right below the fog light their is small dent(1 inch wide and 4 inches long), basically parallel to the ground. This damage was so slight and not very visible so I did not feel the need to fix it. 2 months ago a girl backed up her boat into my front bumper, she cracked my bumper(3 inches by 4 inches). Cops did get involved due to them not letting me know they struck my car. Besides the point my insurance agent put in a claim to State Farm. They had an adjuster come out 3 weeks later. For 2 months I tried calling State Farm to get and update on my claim, no one returned my calls. After calling the MN State commerce they called me back. They stated the prior damage would cost $550 to repair(no bumper replacement), and the new damage would cost $860 to repair due to having to replace the entire front bumper. They said they only owe me $310 dollars cause the total cost for their damage is $860 and my prior damage is $550(860-550=310). My question is why am I paying for their damage. Each damage requires a separate type of repair. And why do I get punished for a small not visible damage and they get off the hook for more visible, larger repair job they did to my car. Can they use my separate repair cost and separate repair type to pay for their new repair cost and repair type? Does the betterment law come into play here?
This doesn't make sense to me that since I had prior minimal damage I get stuck for 2/3 of the bill and they create larger damage and only have to pay 1/3???
Why do I have to pay 100% of my damage and they have to only pay 33% of their damage??
Lastly does it seem weird that they only call me back once the State commerce called them?
Please help me understand whats going on.
Keith
AnswerHello Keith,
Yeah, concepts of betterment law do come into play. The insurance company must compensated you back to the same position you were prior to the accident. You had a broken bumper with $550 worth of damage and that is what they need to give you back. They cannot allow you to “better your condition” by having a new bumper (paying 100% worth of damage).
Although you are correct, the bumper would have to be put down, painted, and repair two times, the same argument applies the opposite way. They only owe to fix it once (the damage that they caused).
It is very hard to determine this, but remember that this is a negotiation. You can lower the prior damage and raise the second impact to make get more for the repair. That is about all you can do.
Also, visit:
http://www.auto-insurance-claim-advice.com/prior-damage-claim.html for more information about prior damage claim.
On your question regarding they calling you back when you call the State insurance Board, it is not uncommon and not weird. They are the regulators of insurance and that is about the only way sometimes they actually move forward in an investigation.
I hope this helps some.
Good Luck
Anne
http://www.auto-insurance-claim-advice.com/
