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Beyond Insurance?

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Trasker

Junior Member
What is the name of your state? California. I feel somewhat guilty for asking as I'm just grateful I was not hurt but several weeks ago I was rear ended pretty badly while waiting at a light. Long and short of it is that my insurance company waived my deductible as I was not at fault. (Yeah!) BUT, the collision wrecked the rear right tire so the insurance co replaced it but won't cover the left tire so they match. Its unsafe to drive with tires that don't have matching threads so this necessistated me paying for the rear left out of pocket. The impact also 'hastened' a separation of the radiator causing all the coolant to drain onto my driveway that night... but since I was hit in the back they aren't paying and I had to pay $600 to get that fixed at the collision center. Combine that with the fact that my rental car coverage sucked and after 19 days of a rental car my portion of the bill was $300.

My questions are: 1) Is it worth my time to appeal what they won't pay? And to whom? My insurance? hers? and 2) Is it worth it to try to get HER to pay in small claims for what my insurance won't pay? I can see that the radiator might be a stretch because it, as the insurance company says 'was merely a hastening of normal wear and tear'...but c'mon, the opposing tire? My rental tax and insurance waiver? Perhaps small claims is worth a shot. I don't know. Just looking for advice...even if it is 'give up and drop it". Thanks.What is the name of your state?What is the name of your state?
 


ecmst12

Senior Member
The opposite tire and radiator are not related to the accident and not going to get reimbursed. You can claim your out of pocket rental cost from the other person's insurance, however if the cost was because you purchased the additional insurance on the rental car, that is not their responsibility as it is not due to the accident, and you should not have needed it anyway since you have full coverage on your regular car.
 

las365

Senior Member
I respectfully disagree about the radiator damage- it sounds to me like the impact was the proximate cause of that damage. Whether it might or would have happened eventually is irrelevant, as it happened because of the accident. The idea of equity is to put OP back where he was before the accident.

As for the tire, eh, if you are going after her for the radiator damage, it can't hurt to try for that too.

Sue the other driver in small claims court and have your mechanic on hand to testify about the accident being the proximate cause of the radiator damage and the need for the second tire.
 

ecmst12

Senior Member
The radiator must have been about to die anyway. At MOST, insurance would cover a small percentage of the cost and apply the rest to "betterment".
 

Trasker

Junior Member
The radiator must have been about to die anyway. At MOST, insurance would cover a small percentage of the cost and apply the rest to "betterment".
Can you explain to me "betterment"? The mechanic at the insurance collision repair facility is in the pocket of the insurance company and was extremely evasive on the issue. I have extensive photos of the radiator, however. I just don't believe in the coincidence that my radiator chose to flood itself in my garage immediately after the collision.

If, as las365 says, the idea is about equity, doesn't that include the opposite tire as it is extremely unsafe to drive a vehicle with one new tire and one used tire on the opposite side? I dont' need a mechanic for that one as I can cite dozens of internet expert sites to back that one up.

Perhaps I didnt' need the rental insurance...that was perhaps stupid... but I didn't want risk my deductible...and as I type this...I realize how much of an idiot I was. Guess I was still in shock as I didn't think that stupidity through.
;<
 

las365

Senior Member
it is extremely unsafe to drive a vehicle with one new tire and one used tire on the opposite side? I dont' need a mechanic for that one as I can cite dozens of internet expert sites to back that one up.
Don't count on a judge allowing that kind of evidence as admissible. One can find "proof" of almost anything on the 'net.

Look, you can prove your out of pocket costs for car rental. That one is easy- you have the bills and the receipts for the payments you made.

In my opinion, you need a live expert to testify that the accident caused the damage to your radiator and support your contention about the necessity of a second new tire. If the mechanic who examined the evidence (the car) and did the repair is unwilling to say there is causation between the accident and the radiator damage, you have to find another way to prove it. Without proof, you lose.
 

ecmst12

Senior Member
Betterment means that you have ended up with your car in BETTER condition then it was before the accident. If your radiator had 5% of its expected life left before the accident, and the accident caused the last 5% to get used up slightly earlier then it would normally be expected to die, and you now have a BRAND NEW radiator, insurance would only cover that 5% of the radiator that was left, leaving you with 95% to pay for.
 

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