QuestionI was recently in an auto accident, the other driver was found at fault. The front fender had a small dent in it before the accident. When she hit me, she hit my fender--making scratches, bent my hood a little, and my headlight is loose. The insurance company says that they don't have to cover it because there was already damage there. The dent was there when I bought the car, so it's not like I got paid for the previous damage. Are there any laws about this? Should I contact the insurance commissioner? I've already received a check for the damages that they are covering, should I wait to do anything with it?
AnswerThe fact that the dent was already there when you purchased the car has absolutely nothing to do with the insurance company's duty to repair it. You chose to buy a car with a dent. How does that in any way make them any more responsible than if you had already been paid for it? I'm not following your logic here.
Your fender already had a dent. If you had made the decision to fix that dent, then you would have to refinish that fender. Therefore, the additional scratches have no effect as the fender was already damaged.
Why would they owe you to make the car better than it was before their insured ran into it? As the insurance company is already paying for some repairs in that area including the prep and paint set up, wouldn't it seem logical to accept the money that it is going to save you on your fender repair and not even think about trying to get something for nothing?
