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  1. #1
    Join Date
    Jun 2008

    Default At-Fault Driver Claims Car Accident Damage Was Pre-Existing

    My question involves a traffic accident in the State of: Ohio

    Friend of mine was rear-ended. The other driver called her father to the scene - father looked at the damage to my friend's car and proclaimed that he didn't think the damage didn't match a rear-end accident and therefore must have been pre-existing - and refused exchange details. I asked if the police were called to the scene but I haven't heard back yet.

    My friend had filed an insurance claim but doesn't expect a decision for a few days or even weeks. In the meantime I was hooping to put her mind at ease if possible.

    Question: Who has the burden to proof WRT "Was the damage pre-existing"? The other driver, or my friend?

  2. #2
    Join Date
    Jul 2006

    Default Re: Rear-Ended - Other Driver Claims Damage Was Pre-Existing

    The insurance company adjusters will be able to determine pre-existing damage. Claims should be settled much more quickly than you anticipate, especially if the perosn is filing the claim through their own insurance company.

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