If you’re in an accident and your car was damaged before the accident it’s still possible to file a personal injury claim to get the new damage fixed. You probably won’t be able to get money to fix the old damage, unless the new damage is connected to the old damage. But a skilled personal injury attorney can look at your situation and give you a realistic estimate of your chances of getting money to fix that damage with a personal injury claim.
The best thing to do if your car had existing damage when you were in an accident and it was damaged further is talk to a personal injury attorney to get advice that is specific to your situation.
Disclosure is Best
A short answer to the question would be: yes. It is always best to disclose damage that was on your car prior to the car accident, even if that damage is not in the same location as the new damage. If you want to receive compensation for damages, honesty is the best policy for the reasons described below.
Insurance Fraud
What happens if you do not disclose the damage and the insurance company finds out later that you hid evidence of previous damage. That silence can be viewed as you attempting to hide the damage or otherwise defraud the insurance company.
That fraud can get you in a lot of trouble, including legal trouble, and it can definitely bar you from seeking any compensation if it is determined you were trying to fool the company into paying for both the new damage as well as the pre-existing damage.
What to Expect
Insurance claims adjusters are trained in investigating and examining damages sustained from an accident. Before any inspection takes place, you can assume that the claims adjuster is going to pull up your vehicle’s history to determine if there has ever been any previous claim, damage or more.
Therefore, they will have a good background on your car before even looking at the damage. If you are trying to hide any previous damage, it is normally through this process that this information comes out.
They are also trained at determining what is considered preexisting damage and what is not. Any collision repair man should be able to look at damage on your car and be able to determine how old the dents are and if they were there prior to the accident.
Steps You Should Take:
If your car had previous damage and you were involved in an accident, here is what you should do. If your car was purchased used, companies like CARFAX make it easy to check in the accident history so it is not worth lying. However, you can still ensure that you receive proper compensation for the damages that you did occur in the accident.
Make sure that you have evidence to prove that what you are claiming was caused as a result of the accident. If you are physically able to, take pictures of the scene of the accident. Note the new damage that the car sustained as a result. These pictures can be compared to any earlier pictures that you had of the car.
The next step is to get an estimate of the damages that were sustained due to the accident. This can be done at your mechanic. For damages that are in the same spot, the more costly of the two will be the priority. For example, if your bumper had cosmetic damage before the crash but needs to be replaced after the accident, the replacement would be more costly. Your insurance company would compensate you to replace the bumper. The inverse is also true. If the most recent accident only caused cosmetic damage, you will be compensated in an amount that reflects that. Even if the car had serious previous damage.
Where Are the Damages?
What happens if the damages caused by the accident are in the precise location where the old damages were? If you are seeking insurance compensation for the later damages, it depends on how much worse the new accident made the previous damages.
The claims adjuster will need to thoroughly review the damages in order to determine if the car is in worse condition than it was before the accident. If the damage is determined to be more than what the pre-existing damages were, you can work with the insurance adjuster to make up for the difference between the costs of repairs.
If the damages are not, the insurance company may deny your claim. You always have the option of pursuing arbitration or whatever appeals process is allowed per your policy should you not agree with their determination.
Will My Claim Be Changed If Car Was Damaged Before The Crash?
If you have been involved in a car accident that caused damage to your vehicle, but your car was already damaged, you may be wondering how your damages will be paid and how your claim will be settled. You should always be upfront about any pre-existing damage – even if that damage was in the same vicinity as the new damage or even if it was elsewhere.
Honesty is the best policy so you can recover compensation for the damages that were caused by the crash. If you fail to disclose any damage, and then it is determined there was pre-existing damages, you may be accused of insurance fraud.
You are much more likely to be treated fairly and be trusted if you are honest about any pre-existing damages, and when you use that approach. You want to make sure you aren’t accused of trying to defraud the insurance company or of making false statements.
If you have photos of the previous damage, you should supply those as well. In some cases, you may already have an open claim for the pre-existing damage that hasn’t been settled yet. Remember to provide specific details to support your case.
Does Insurance Cover Pre-Existing Damage?
If you have been in an accident and your car was damaged, but it already had some pre-existing damage, the insurance claim will not cover the damages that your car had prior to this specific accident. Pre-existing damage is any damage that your car had before the accident in question.
When your car is inspected by an automotive repair technician, they will be able to determine the age of the dents and scratches. If the repair man determines that there was damage before the accident, and you didn’t previously report it, it can come back to haunt you in the long run.
If your car is damaged in the same spot as the old damage, then the insurance company may not consider your car in any worse condition than it was before the current accident. In that case, the damages may not be covered by the insurance during the personal injury settlement. Sometimes any evidence – or pre-existing damages – could be damaged during the crash.
As an example, a driver’ taillights or brake lights may not be working. The car behind them may rear-end them for that reason. When the car behind them hits them, their taillights are broken out, so it may be difficult to prove that there was pre-existing damage or problems in that specific kind of case.
What is the Statute of Limitations to Put Pre-Existing Damage in a Claim?
If your car has pre-existing damages, you can file a damage claim separately for that specific accident. However, every state has a statute of limitations – or a time limit for pursuing a claim. That statute of limitations can range from 1 year to as long as 3 years depending on your state and the laws there. You may want to pursue a claim for the initial pre-existing damages so you can get all the damages repaired and get your car looking its best again.
Speak with a personal injury attorney about your situation and go over all pre-existing damages with him or her. The attorney will be able to help you determine the best way to proceed and will be familiar with the legal processes and can tell you more about your rights and how to have your damages addressed by the responsible parties.
Can Previous Damage To My Vehicle Hurt My Claim?
It depends on the specific details of your case, such as the extent of the current damage and the location of the damage in relation to any pre-existing damages. As previously mentioned, if the pre-existing is in the same location as the new damages, then the insurance may argue that the new damages don’t make your vehicle in any worse condition and refuse to cover the costs of any repairs. In that case, it could be difficult to determine which damages were caused by which accident.
You will want to make sure a personal injury attorney is representing you. An attorney will fight for your interests and will help you throughout the claims process, attempting to get your damages covered by the responsible party. Liability is a major issue, and negligence must be proven.
When there is existing damage, the process is even more complicated. Personal injury claims require hard evidence and supporting documentation. Your lawyer will investigate the situation and gather up all the needed evidence and documentation for your specific claim.
In some cases, it my not affect your liability and the insurance will cover the current damage from the crash. What kind of damages also come into play, such as a whether they are just visual impairments and some are handling impairments.
Handling impairments, or damages that affect vehicle operation or handling, need immediate attention or they can cause further problems or lead to an accident. You will want to make sure your auto repair shop provides you with a detailed estimate that shows your damages and how they will affect your vehicle’s safety and operation in the long run.
Contact an Attorney Today
If you are the victim of a car accident, it is always recommended you speak with an attorney to discuss your case. A licensed personal injury attorney may be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
If you have been involved in a car accident and your car was damaged before the crash, you should enlist the help of a personal injury lawyer who handles auto accident injury cases in your state. With the help of an attorney, you can gather the supporting evidence and documentation that you need to support your claim. They can assist in writing a car accident demand letter. An attorney can also represent you should your claim progress to court.
Personal injury lawyers take cases on the contingency basis, which means that you don’t have to pay anything out of pocket. Instead, your lawyer is only compensated when you win your case. Complete the Free Case Evaluation Form to share the details of your claim.
