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  1. #1
    Join Date
    Nov 2012

    Unhappy Damage Found During Collision Repairs, Insurance Claims It's Not Accident-Related

    My question involves insurance law for the state of: Florida

    On Sept. 22, I was involved in a car accident. I had just got on the turnpike in North Miami and seconds later, I felt a huge bang. The car rear-end me had been driving too fast and the driver of that vehicle received a citation.

    I had taken the car to the Dealer where I purchased the car (Toyota) to do the repairs.The insurance company sent an appraiser out he gave an estimate of $1,298.21 and the body shop started the repairs. The shop had to ask Star Casualty for additional $883.90 and they Okd that. The shop than found more damage the crash had broken the passenger tail light and let water fill up the battery compartment and shorted out the battery and all the display panel in the dash. The insurance adjuster went out again to look at it and determined that was not caused from the accident. The shop is saying it was caused by the accident. So I am stuck with out a car and now with a job or money to get my car back. I know the shop is right because the display went out in the crash. That is what made the car not drivable or I would be driving it now.

    Star Casualty has sent me a check for $1,298.21 that was the first estimate from there appraiser. I than get a second check for $215.61 and this check did not make any sense to me and I cannot get any answers from the insurance company. It seems like I am stuck between a rock and a hard place with no way out please help.

  2. #2
    Join Date
    Jan 2006

    Default Re: Damage Found During Collision Repairs, Insurance Claims It's Not Accident-Related

    was it raining when you got hit? If not, how is the water getting into the taillight due to the accident? A person must mitigate their damages. That means, you have to take action to limit the damages. It sounds like somebody else might be liable for the dash issue.

    I don't see how what you described could have caused the dash damage but if the mechanic claims it was caused by the accident and the insurance company won't pay, either make a claim though your insurance or plan on suing the at fault party. Ask the mechanic if he will testify that the dash damage was caused by the accident. You will have to prove it.

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