Auto Insurance Claims: Pre-existing damage to other partys car, unoccupied vehicle, residential road

Question
Hi,

Thanks for the quick reply.  I just have one additional question.  So far, we have agreed to settle the issue outside of insurance.  However, I am worried that they may try to say that to fix that spot properly, they will have to replace the bumper.  However, as they may have already been paid to replace that bumper as a result of her previous accident and the resulting damage, it would seem unfair for them to be paid twice for the same bumper.  So my question is, if it does go to insurance, how would they handel this situation?  Would they pay her again for the full price of the bumper?

Thanks again!


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The text above is a follow-up to ...

-----Question-----
Hi,

I thank you in advance for your help with this question.  So the situation is that I backed into a unoccupied vehicle that was parked directly behind my driveway on the opposite end of a non-divided residential road.  The damages to the side of her bumper where I hit were very minor.  There was some scratched off paint (down to the base), but no dents.  So I have the following questions.
1.) She had preexisiting damage on the back of the bumper (two large holes were someone rearended her a couple weeks prior).  If she has already been paid by the other person's insurance company to replace the entire bumper, would my insurance company be liable to pay her again for the same bumper?  
2.) If there are neighborhood ordinances against parking on the street, would she be considered to be parked illegally?  If so, am I still liable?  
3.) As for fixing my car, I might pay for the repair myself rather than claim on insurance.  I don't want to have too much of a rate increase.  Is there any general guidance about an amount underwhich it would be wise to not claim on insurance?

Thanks again!

-----Answer-----
Hi Sher,

The fact that the car may have been illegally parked makes no difference. It was a stationary object that you backed into, therefore you would be considered at fault.

As for the pre-existing damage, if no claim has yet been made against your insurance, you should approach the owner of the car and offer them a small amount of money in exchange for a signed release form.  That way it will not be a problem in the future.  If a claim has already been started against your insurance policy, then be sure to inform your insurance company about the pre-existing damage.

As far as the damage to your car, you shoud get an estimate of the damage. Remember that regardless of the cost to repair, you will be responsible for the deductible. So if the repairs to your car will cost $400.00 and you have a $500.00 deductible, there is no claim. If the cost to repair is $750.00 and you have a $500.00 deductible, your insurance company will only pay $250.00. You know your financial situation better than I, so only you can make the final decision on filing a claim.

I hope this helps
Richard Hixenbaugh

Answer
Hi Sher,

Thats why I said you should get photos of the pre-existing damage. Since They were already paid to replace the bumper, you should offer only a small amount in exchange for a signed release form. I would offer no more than $100.00.  If it does go to your insurance, then you will tell them about the pre-existing damage and show them the photos. Your insurance will then also only offer a small amount or nothing at all.

I hope this helps
Richard Hixenbaugh