QUESTION
Can we sue the insurance for not paying for the damages on a car?
Asked on Aug 07th, 2013 on Personal Injury - Michigan
More details to this question:
My brother was in a car accident and the insurance only paid for part of the damage on the car although we have full coverage and the insurance is claiming that the damage was done on an accidents prior to us buying it. But according to them the accident was so bad that the car is not going to be working properly, but we drove the car all the way to Mexico nonstop for 3 days. Now we think that the damage on the steering wheel and the motor was cause on my brother’s accident and not on the accident, the insurance is saying because like I said before the car was working fine.
5 ANSWERS
Thomas Edward Gates
You need to check car fax on the car's accident history. You can sue, but it will be expensive.
Answered on Aug 17th, 2013 at 1:34 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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This will be a battle of the collision damage estimators/experts/repairers. If you can prove exactly what damage came from this crash vs. what was pre-existing, you can ask the insurer to pay it or you can sue them. If they have counter evidence, it will be a question of fact for the Judge or Jury.
Answered on Aug 17th, 2013 at 1:34 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The question is was there preexisting damage? and the next question is how do you prove your damage? Have you got a body man to testify? An engineer? Some expert. Your word means nothing to an insurance co so save your breath.
Answered on Aug 17th, 2013 at 1:33 AM
James Eugene Hasser
Unless you signed a release, yes, you can go after them for the balance.
Answered on Aug 17th, 2013 at 1:33 AM
Ronald A. Steinberg
You can sue. The insurance company is responsible for paying the reasonable charges for all necessary services rendered to repair the vehicle for damages in that accident. The company may choose whether to repair the car, or to declare it totaled and pay you the value of your car, taking into account what similar cars sell for, as well as the condition of your car. Their choice.
Answered on Aug 17th, 2013 at 1:32 AM