Insurance Claim Issue Help

[steeltown23]

Got an interesting situation. I was at my boss’s house May 2017. We were both inside and his daughter came in saying she just backed their Hummer into my Rage Rover which was parked in their driveway behind where the Hummer was pulling out. When we walked out the bumper was on the ground with some broken pieces laying on the ground. While my boss was apologetic he immediately began looking at my car and claiming there was some pre-existing damage. He was saying that some small parts were previous broke and were missing. He told me he did not want to make a claim to insurance and that he knew a lot about how to fix cars and wanted to by the parts and fix it himself. Since he was my boss at the time it did put me in a predicament, so I did not file any claims nor take any pictures (yes, I know I screwed up big time). He was able to reattach the bumper using gorilla tape, but since has yet to fix the bumper (yes, it is still attached with gorilla tape). I have now lost patience and want to file a claim with his insurance. I have done much digging and run several VIN reports both free and pay and have not found any damage to the car. The car only had one previous owner and I bought it from a certified preowned dealer for what that is worth. My questions are 1) How much will time have an effect on me filing a claim and 2) While there might have been some preexisting damage, the brunt of the damage came from the daughter hitting my car with the Hummer. How will the supposed preexisting damage effect my claim.

 

[adjusterjack]

1) How much will time have an effect on me filing a claim and

Understand the difference between filing a claim and filing a lawsuit. Most states give you two or more years to file a lawsuit. If you "file a claim" after the SOL has run out, you get nothing because you haven't sued within the deadline. If you happen to be in Louisiana (1 year) your done and nobody has to give you a nickel.

Look down the property damage column to find your state:

https://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.html

As for the amount of time that has already passed, it's going to be more difficult to prove when and how it happened. Tough burden to overcome, but not impossible.

While there might have been some preexisting damage, the brunt of the damage came from the daughter hitting my car with the Hummer. How will the supposed preexisting damage effect my claim.

Well, assuming you're going to the boss' insurance company, a seasoned adjuster could be able to spot the difference and make an appropriate deduction in the repair cost.

The biggest problem is the amount of time you wasted without any documentation or photos.

 

[HighwayMan]

Seriously? Close to a year and a half after the accident? I can't see this going anywhere, but you're the insurance guy.

 

[adjusterjack]

I can't see this going anywhere

Neither can I.

But it's not unheard for insurance to pay on an old claim with appropriate documentation if the insurance company's position wasn't prejudiced by the delay. Done it myself on occasions, but the burden of proof on the part of the claimant is very high.

And, to be fair, I did point out the difficulties that could be involved.