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  1. #1
    Join Date
    Sep 2014
    Posts
    2

    Default Insurance Coverage for Car Damage if a Prior Damage Was Not Repaired

    My question involves an injury that occurred in the state of: Virginia (Fairfax County)
    I was rear ended while sitting at a light in my 2006 Nissan Murano. The damage was mostly confined to the bumper and one tail light, however there were also some minor scratches on my right quarter panel. The issue is this was the second time I've been hit in two weeks and I hadn't had a chance to fix the prior damage yet. The prior damage was from a hit and run in a parking lot that my insurance ended up covering by sending me a check. It left some deep gashes on my right door and some scratches on my quarter panel.

    After talking to Ameriprise (insurance of the driver who rear ended me) I got an estimate from a shop for the entirety of the damage on my car and sent it to them (including the prior damage). Since there is damage on the quarter panel that is from both incidents, I wasn't sure how it would be handled and just thought I'd let them figure it out. I wanted an estimate for the total damage anyway because I wanted to get all the work done at once. Today I got a call saying that they made adjustments to the estimate and would not be covering any of the damage on the quarter panel or door and that they would be using aftermarket parts.

    So I have a couple questions here, first do they have any right not to cover the scratches on my quarter panel caused by their driver just because there was prior damage on the same panel? Second off, how did they even know that the prior damage was unrelated? Unless they contacted my insurance company and asked about it, there was no way they could have known just by looking at the pictures. I was expecting a call from them once they received the estimate to figure out how they would handle this, but instead they went ahead and made changes to the estimate to their liking and mailed a check out for God knows how much (I haven't received the check yet).

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Insurance Coverage for Car Damage if a Prior Damage Was Not Repaired

    Quote Quoting jujuface
    View Post
    My question involves an injury that occurred in the state of: Virginia (Fairfax County)
    I was rear ended while sitting at a light in my 2006 Nissan Murano. The damage was mostly confined to the bumper and one tail light, however there were also some minor scratches on my right quarter panel. The issue is this was the second time I've been hit in two weeks and I hadn't had a chance to fix the prior damage yet. The prior damage was from a hit and run in a parking lot that my insurance ended up covering by sending me a check. It left some deep gashes on my right door and some scratches on my quarter panel.

    After talking to Ameriprise (insurance of the driver who rear ended me) I got an estimate from a shop for the entirety of the damage on my car and sent it to them (including the prior damage). Since there is damage on the quarter panel that is from both incidents, I wasn't sure how it would be handled and just thought I'd let them figure it out. I wanted an estimate for the total damage anyway because I wanted to get all the work done at once. Today I got a call saying that they made adjustments to the estimate and would not be covering any of the damage on the quarter panel or door and that they would be using aftermarket parts.

    So I have a couple questions here, first do they have any right not to cover the scratches on my quarter panel caused by their driver just because there was prior damage on the same panel? Second off, how did they even know that the prior damage was unrelated? Unless they contacted my insurance company and asked about it, there was no way they could have known just by looking at the pictures. I was expecting a call from them once they received the estimate to figure out how they would handle this, but instead they went ahead and made changes to the estimate to their liking and mailed a check out for God knows how much (I haven't received the check yet).
    Well, you yourself described the accident as a rear ending. Therefore scratches on your quarter panel or damage to your door would be nearly impossible in that scenario. Also, they spoke to their client as well and got a description of the accident.

    Also, if your quarter panel has to be replaced, then why should the second insurance company pay you for something that you have already been paid to replace?

  3. #3
    Join Date
    Sep 2014
    Posts
    2

    Default Re: Insurance Coverage for Car Damage if a Prior Damage Was Not Repaired

    Let me explain a bit clearer. The rear ending occurred when the driver tried to speed around me in a right turn lane that was only designed for the width of one car. He clipped the right side of my bumper and scratched down my quarter panel in his attempt to do so. If I was getting the quarter panel replaced or repainted I would even be glad that this happened before I got the work done from my prior accident. However since I am almost definitely selling the car as is, all the extra damage on the quarter panel does is decrease the value of my car even further. However I like the idea of adding the check I get from them to the one I already have from my insurance to see if it adds up to the estimate for the total damage, so I guess I will wait and see.
    On a side note would it be alright to use the rental car they've authorized me for two days while I'm between selling my car and buying a new one if I don't end up fixing the car?

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Insurance Coverage for Car Damage if a Prior Damage Was Not Repaired

    The panel needed repainted and you were paid for the repaint already. Why should you obtain unjust enrichment? Are you saying it needs painted twice?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Insurance Coverage for Car Damage if a Prior Damage Was Not Repaired

    Apparently they are taking the position either that the scratches weren't caused in the second accident, or that the cost of repairing the quarter panel is not increased as a result of scratches from the second accident such that the scratches did not cause you to incur an economic loss. If you want their explanation, though, you need to ask them -- we can only offer an educated guess.

    We don't know what information they have on the prior accident, or from where they may have obtained it. Perhaps their adjuster was able to distinguish old damage from new damage. Again, the only place to get a certain answer is from them.

    You can ask them how much they sent to cover the damage. You can then sum the amount you received from the prior damage with the new payment, and see if the total meets or exceeds the cost of repairs. It's possible that despite their reservations you'll still come out on top.

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Insurance Coverage for Car Damage if a Prior Damage Was Not Repaired

    Quote Quoting jujuface
    View Post

    So I have a couple questions here, first do they have any right not to cover the scratches on my quarter panel caused by their driver just because there was prior damage on the same panel?
    Of course they do. You don't get to get paid twice for the same damage.

    Quote Quoting jujuface
    View Post

    Second off, how did they even know that the prior damage was unrelated?
    An experienced damage appraiser can tell the difference very easily.

    Quote Quoting jujuface
    View Post
    Unless they contacted my insurance company and asked about it, there was no way they could have known just by looking at the pictures. I was expecting a call from them once they received the estimate to figure out how they would handle this, but instead they went ahead and made changes to the estimate to their liking and mailed a check out for God knows how much (I haven't received the check yet).
    When you get the check, add it to the check you previously got and the total should equal the cost of repairing all the damage.

    On the other hand, if you already spent the money from the first check you'll have to come up with the difference plus your deductible from the first claim.

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