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Auto insurance help...

Grizzly_AddamsGrizzly_Addams Registered User, ClubPA regular
edited September 2009 in Help / Advice Forum
A friend of mine recently hit another parked cars mirror on the road w/ her mirror. This was the only portion of the two cars that collided. The other car had severe pre-existing damage on that same side and the other party listed that damage on their claim. The insurance company wants to hold my friend liable for this pre-existing damage.

My friends car has no damage. Zero. This would be impossible if she caused this much damage to the other car. Including dented bumper and dented and scraped door. They inspected the other vehicle and instantly found her liable for all the damage. They refuse to look at my friends vehicle to see that there is zero damage. No amount of arguing in the past week has found my friend any type of reason. She has denied liability and stated several times that the damage was pre-existing.

Short of an attorney, what, if any, are her options?

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    FeralFeral MEMETICHARIZARD interior crocodile alligator ⇔ ǝɹʇɐǝɥʇ ǝᴉʌoɯ ʇǝloɹʌǝɥɔ ɐ ǝʌᴉɹp ᴉRegistered User regular
    edited September 2009
    They inspected the other vehicle and instantly found her liable for all the damage.

    Who is "they?"

    The other party's insurance company, or yours?

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    Grizzly_AddamsGrizzly_Addams Registered User, ClubPA regular
    edited September 2009
    Feral wrote: »
    Who is "they?"

    The other partys insurance company.
    Feral wrote: »
    The other party's insurance company, or yours?

    Again, this is not me. (Believe it or not)

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    PeregrineFalconPeregrineFalcon Registered User regular
    edited September 2009
    Feral wrote: »
    Who is "they?"

    The other partys insurance company.

    Then talk to "yours" (hers) right the fuck now. They have lawyers. This is what they are for. Have them look at the other vehicle as well as your friends - the lack of damage on your friend's vehicle, plus the nature of the damage to the other, goes a long way.

    For example, if there's huge gouges in the other person's paint? Hey look, they're rusted. Funny how damage that "just happened" is already rusted, isn't it?

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    DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    edited September 2009
    Feral wrote: »
    Who is "they?"

    The other partys insurance company.

    Why was their insurance company even looking at the car? This is a claim against your friend's insurance, correct? It's their opinion that matters. They'll be more than happy to send a claims adjuster to your friends house to take a look at the damage to her car since, you know, THEY'LL have to pay for it.

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    Grizzly_AddamsGrizzly_Addams Registered User, ClubPA regular
    edited September 2009
    Feral wrote: »
    Who is "they?"

    The other partys insurance company.

    Then talk to "yours" (hers) right the fuck now. They have lawyers. This is what they are for. Have them look at the other vehicle as well as your friends - the lack of damage on your friend's vehicle, plus the nature of the damage to the other, goes a long way.

    For example, if there's huge gouges in the other person's paint? Hey look, they're rusted. Funny how damage that "just happened" is already rusted, isn't it?

    Yeah I suggested this but she said she tried and her insurance company wasn't too receptive. Something tells me they thought she was trying to open her own claim instead of having them go to bat for her.

    I will make to recommendation again with an emphasis on explaining to her insurer that another insurance company is trying to nail her for pre-existing damage on another vehicle.

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    DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    edited September 2009

    Yeah I suggested this but she said she tried and her insurance company wasn't too receptive. Something tells me they thought she was trying to open her own claim instead of having them go to bat for her.

    I will make to recommendation again with an emphasis on explaining to her insurer that another insurance company is trying to nail her for pre-existing damage on another vehicle.

    This sounds sketchy as all hell. The other insurer has no reason to be involved, much less try to 'nail' her on anything. It's her fault, so they're not paying shit.

    Her insurance doesn't need to be receptive, they need to do their job. Either way her rates are going up, since this is her fault, but these jackasses have no reason to pay for previous damage.

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    PeregrineFalconPeregrineFalcon Registered User regular
    edited September 2009
    Yeah I suggested this but she said she tried and her insurance company wasn't too receptive. Something tells me they thought she was trying to open her own claim instead of having them go to bat for her.

    I will make to recommendation again with an emphasis on explaining to her insurer that another insurance company is trying to nail her for pre-existing damage on another vehicle.

    Or, no offense to your friend, she lacked the necessary backbone/spine/sack/other metaphor here to stand up for herself in this situation. You may need to march in there with her and play either a supporting role (so that she has someone to back her up) or the active role ("Hi, this is my friend Grizzly, he's going to do the talking now") if you want this to get resolved in her favour. Otherwise she'll end up taking it on the chin financially.

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    Grizzly_AddamsGrizzly_Addams Registered User, ClubPA regular
    edited September 2009
    Yeah all of this has been the case. I don't know if I expected some magic answer. I think I was just hoping someone would say "In a case of denied liability it is the insurance companies responsibility to investigate the possibility of fraud including the condition of both vehicles" but it's so hard and stupid because laws vary from state to state and you can't even google a good answer.

    And yeah, she just hasn't done a phenomenal job of taking care of it. More like screaming and sobbing.

    p.s. that's alot of "ility"s

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    Iceman.USAFIceman.USAF Major East CoastRegistered User regular
    edited September 2009
    Take pictures. Now. Especially if your friends vehicle has yet to be repaired.

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