pre-existing damage shouldn't be deducted

[mbark777]

What is the name of your state? KS
Was in an accident, not my fault. Car was totalled. According to NADA this car rates as "Avgerage Condition". The value of this 16 year old car in this condition was @2500. Insurance company is taking this $2500 value and the also deducting for what they are calling "Pre-existing damage". There is no pre-existing damage on this car. It is in great condition (actually falls between what NADA calls Average and Excellent). The adjuster nit-picked every little thing he could as "pre-existing damage" and deducted $1,300 from their settlement offer. The few, VERY minor flaws he pointed out are the only reason this car was rated as Average ($2500 value) and not Excellent ($3,600 value). If they deduct for these things from the average condition value aren't I getting stuck twice for these flaws?
My car has full coverage. Would that coverage include any pre-existing damage? Shouldn't my police cover the full value of the car?
What recourse do I have with the Ins. Co. I have denied their settlement offer, but have not seen any change

 

[ecmst12]

Your policy is only required to reimburse you the actual value of your car immediately before the accident. However I agree that the "average" condition rating should take into account the minor dings and scratches you describe, and they shouldn't deduct for it again. But really your only option is to negotiate with your adjuster. Does your policy have a provision for this, such as going to a supervisor or arbitrator or something? Have you submitted documentation of what you think the car should be worth? Maybe they'll deduct the $1300 from the excellent value; that might be a decent compromise.

 

[moburkes]

My car has full coverage. Would that coverage include any pre-existing damage? Shouldn't my police cover the full value of the car?

You got the best answer from ecmst12. But to answer specifically if full ocverage includes pre-existing damage, the answer is no. Think about it. You would never keep collision (since that's actually what you are talking about) on your vehicle if that were the case.

Wednesday: You have an insurance policy without collision.
Thursday: Your vehicle is damaged (say, you came out of the store, into the parking lot, and there was a big dent on your car). With only liability only, there's no coverage. But, wait! I'll just call the insurance company and add collision. What a brilliant idea! You now have pre-existing damage to your vehicle. Oh, and don't forget to make that deductible really, really low.
Friday: You add collision to the policy.
Saturday: You file a claim.
Sunday: You remove collision from the policy.
Wow! You've only paid for 2 days worth of insurance, but your vehicle will now be repaired for little money out of your pocket.

Now do you understand why your though process doesn't make sense?

 

[mbark777]

Yes that makes perfect sense. hadn't looked at it that way. Still haven't heard anything from ins. co. how long before i contact them again?

 

[moburkes]

Yes that makes perfect sense. hadn't looked at it that way. Still haven't heard anything from ins. co. how long before i contact them again?

There is no waiting period. Call them now. Then the next day. Then the day after. Get the picture?

 

[lwpat]

But really your only option is to negotiate with your adjuster.

This is not your only option. I am not sure if this is your insurance company or the other driver's. If it is his, you need to talk to your carrier. If it is yours, you need to change companies if this is the way they treat their customers.

You can file in small claims against the other driver. This is usually quick and easy. Once you have a judgement, send it to the insurance company and they will probably pay it. You will need some proof of the value besides your word.