Transmission damage is often first noticed when the clutch doesn’t seem to function properly, gears don’t engage and strange noises come from the direction of the gearbox. Most clutches survive for many thousands of hours.
Because of this, if something seems to be wrong directly after a collision with another vehicle it is likely that it may have been caused by the impact. Cars with rear mounted gearboxes are liable to damage from a collision, especially a rear ended collision, one of the most common types of car accidents.
If you believe that your transmission has been damaged by another driver, you may have good grounds to file an insurance claim. There will probably be other parts of your car that have been damaged as well as the transmission and you should make sure that you haven’t been injured, otherwise you should claim compensation for your injuries as well.
Filing a Claim After Clutch Damage
Transmission repairs are likely to be very expensive. You should not use your vehicle if your transmission needs repairing, so you should claim for transport costs as well as the total estimated damage to your car and any injuries sustained.
You will need to prove that you were not to blame for your own transmission damage, or that the clutch and other components of the transmission system were simply worn out. A mechanic can confirm that damage was done due to the impact of a car crash and not due to normal wear and tear.
Insurers will also want to know details of where the accident took place, the date, time and why you think their client caused the accident. Make sure you file the claim within the statute of limitations, typically two or three years from the date of the accident.
Specific Evidence Needed For Proving Clutch Damage
Clutches do not wear out all of a sudden without an obvious reason. If your gear box is located at the rear of your vehicle, then it could be seriously damaged if you were hit by another vehicle from the rear. There will be obvious signs of the impact and if you can do so, you should take photos of the two vehicles and the visible damage to your own vehicle.
The extent of the damage to the transmission will be determined by the mechanic who inspects your vehicle after being towed to a repair shop. You will need a report from the repair shop to submit to the insurer who you file the claim with.
Make sure you get the repair shop to list all repairs needed and get a reliable estimate of the cost. Include this with your claim as well as any other costs you have to deal with such as treatment for any injuries, alternative transport costs, etc.
Why You Should Work With a PI Lawyer When Filing For Clutch Damage
You shouldn’t have too much trouble convincing an insurer of the serious nature of your transmission damage, but they still want proof that their client was to blame and not you. Insurers will typically pay far more notice of a personal injury attorney you have arranged to help you negotiate a settlement.
The likely cost of transmission repair is going to be high, so it makes sense to get legal help from an experienced attorney. Complete the Free Case Evaluation above to get connected with a lawyer in your area today!
