Auto Insurance Claims: Insurance approval..., unrelated damages

Question
I was at a tree nursery and a tractor couldn't see my parked car because the bucket was up and hit it. The hood will be replaced, but the nursery's insurer wants me to prove there is damage to the bumper, they say the scratches were there already where the tractor's tires hit. The two estimates i recieved wanted me to have the bumper realigned but i said just clean it up.
What is my option or who do I contact if they do not agree?
Thanks!

Answer
Unfortunately, the burden of proof is upon you.  The underhanded tactic you are dealing with is due to the fact that most people won't sue for a small amount of damages.  You are simply in a catch 22 situation.  I would inquire as to what evidence the insurance company would accept as proof of no prior damages to the bumper.  In my opinion, there is not a lot that would prove no damages other than a dated photo, and who routinely takes photos of their vehicle?  You may be able to get your insurance agent to provide you with pre-accident photos that may reflect the condition of the bumper, but only if the agent was required to take photos.  

For less than $100.00 you could most likely press the matter in small claims court and win, and then you would get your $100.00 back, too.  It is clearly more reasonable to believe damages to your bumper were caused by tractor tires than it is that you are simply claiming unrelated damages.  Your choice is whether to pull out the big guns and threaten a suit in order to get paid.  

I am sorry this is happening to you and I hope this helps!