I Desperately need your guys' help!!!
 

I know it has been a long time since I've posted on here. I basically stopped logging on since I lost my MP3 about 2 1/2 years ago. So it has been that long since I last posted. Well...that and the fact that my current car is a Honda Civic (not by choice...it was all I could afford at the time)

But, back on subject, I have recently got into a car accident and was rear ended. I have prior damage done to my rear bumper from an ice storm that we had here in Cincinnati about a year ago. I was on a 40deg. hill and got stuck about 3/4 of the way up. I eased off the gas and put the car in reverse. I slowly, and I mean slowly descended down the hill. There was a snow bank behind of my car about 20ft back. It iced over b/c of the storm. I literally tapped it on the right corner of my rear bumper. Well everyone knows what happens to plastic in 10deg weather. It cracked and snapped off. I never bothered to change it b/c I really don't have the cash to and it's just cosmetic damage nothing structurally was damaged.

Anyways, I had received a call from the other party's insurance company and was told to get an estimate from one of THEIR 3rd party appraisers. I did just that. From what the appraiser told me and from what was DOCUMENTED on the estimate. The insurance company would be liable for an entire rear bumper cover with labor etc... She hit me dead center of my bumper and split the plastic. He then told me that in order to ONLY repair the what I got from the accident, I would need a new bumper anyway.

Well..today I got a call from the insurance company and was told that they are only willing to pay for 25% of the bumper cover. I was shocked and pissed at the same time. I contacted the appraiser and was curious in why the 180. He informed me that it is due to "Betterment." This is when the insurance company is not liable for a new bumper because the need of a new bumper was evident prior to the accident. In other words, the damage done to my rear bumper from the accident did not cause for a replacement bumper cover. I understand if the accident only chipped some paint and I just needed a touch up. That's not the case. If my bumper were in tact and I got in that accident I would, in fact, need a new bumper. It says it clearly in black and white on my estimate. WTF!!!!!!!!!

So, my question is...Does the insurance company have a justifiable argument. I would not be making a big deal about this if I was told by the appraiser that the insurance company is only liable for 25% of the damages. Then I would say, "Ok that's fine." Please let me know if this is right. I need all the help I can get and I only want what is right. I never said that she caused the prior damage. Hell it was even on the police report. I just want what is rightfully mine.

Thanks you guys!!!

How do they know there was past damage? Did you say something regarding that? I'm curious how they can assume there was prior damage.

Nothing wrong with Civics by the way they are fantastic cars.

I did inform the police officer at the scene and the driver that hit me. I don't want to rip them off in anyway. I am an honest guy and I am not about to tell them that the damage that was there before was her fault.

their are correct.

..they arent going to pay for you to get a brand new perfect bumper if you didnt have a brand new perfect bumper to begin with...they are taking off whatever it would have costed you to repair the bumper to new off the estimate..that's totally fair...

I am thinking they are talking about the Actual Cash Value of the actual damage. When you are the claimant, they only have a duty under law to pay for the damage that was caused. I am a little puzzled though, that at first the said the damage their driver caused required a whole new bumper and then the flip. I would negotiate with them. I would explain to them that the bumper had some prior damage but at the same time it was still intact and fully functional. 25% is a low offer. I would ask them to price a comparable used bumper cover to establish the amount the owe, since their driver cracked the bumper.
Good Luck.

Thanks for the comments you guys. I guess I'll just have to deal with it then. I really do appreciate your comments.

Well your honesty obviously just means you won't get as much but honesty is the best policy, good on you for being a responsible , honest driver. Thumbs up, wish there were more people like you on the roads.

When you get into an accident thats not your fault, you keep your mouth shut,

If you did then it would have been your own insurance company you would deal with not the other party. you should never communicate wit hthe other party, they are trained to find anything to avoid making full payouts. simiply let your company do all the talking period.

Dont say nothing dont do anything. this is not trying to avoid being honest, but avoid being ripped off in legit situations as well. Even when you are completely right.

I know about not saying anything, however, with the damage done. You would have to look on the street for the right side of my bumper that is missing. I really don't think the cop would've bought it so I did the honesty thing. Anyways I already talked to the other party's insurance company and I'm getting a check so in the end I still get paid so that makes me a happy person. She got what she got and I get a check go me! Thanks you guys for all the info.


V

I would have said that if they didn't want to put a new bumper on, they could buy a new bumper, cut a hole in it exactly the way it was before the accident, and have it painted....that would probably cost them more money than just a new painted bumper...then maybe they'd just do a new bumper

Look at it this way: How much would you pay for a bumper cover with the end snapped off? 25% sounds pretty generous to me. Suppose a new bumper cover is 300 dollars. Would you pay a salvage yard 75 for one in the same condition yours was in after the first accident?