Auto Insurance Claims: previous damage, income tax refund, insurance company

Question
If my car had front end damage not yet repaired due to having to wait for income tax refund to fix it and another driver hit me in the rear, are they responsible for the full amount of damage to the rear? The insurance company I am dealing with is trying to deduct the amount of front end damage and only pay me the difference. They also want to take the car because they consider it totaled.

Answer
Hi Jane,

If the second accident only caused damage to the rear, then they would be responsible for all of the rear damage. Unfortunately if the front damage was not yet repaired they can reduce the value of the car by the cost of the damage to the front. So if your car had $4000.00 worth of unrepaired damage to the front and your car was otherwise worth $10,000.00. On the day of the second accident your car was only worth $6000.00.


I hope this helps
Richard Hixenbaugh