My vehicle was broadsided in a parking lot by a person backing out of their parking space. There wasn't any visible damage, but after the accident, my vehicle vibrates after the accident.
The other driver's insurance company sent an appraiser out and the appraiser said $300 damage to the tire and surrounding area was done before the accident. The $300 is below the deductible on my insurance, so I don't see them becoming too concerned about the appraisers action.
How can I fight this without paying for independent appraisals and legal costs more than the damage to the vehicle? Do insurance companies do this sort of thing just because they know the cost of fighting them will be more than the cost of the repair?
2008-01-19T21:40:22Z
The initial inspection was done at night in the parking lot. In spite of a fairly loud noise and some paint on the rear door (which rubbed off) there was no visible damage. My vehicle is a Mercury Mountaineer while the other vehicle was a small sedan.
2008-01-19T21:41:54Z
The appraisal was done 6 days after the accident. It's winter here. It snowed at least once during the interim between the accident and appraisal.
bundysmom2008-01-19T22:31:12Z
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First, if the appraiser is going to claim tire damage is pre-existing they have to prove it - rust doesn't show up on a car overnight- otherwise they have to pay you. Second, your preliminary ESTIMATE may be below your deductible, but once you get your car into a shop for repairs and all damages are identified, chances are there will be supplements that put the final cost of repair over your deductible (assuming you have a $500). Pay your deductible to the shop and your insurance will subrogate. The at fault party owes your for ALL damage that is accident related, and that may include the vibration issues you are experiencing.
It depends on the nature of the damage and what part of your car the other driver hit. It would help if I knew the type of cars involved.
The only way the impact with the other car is going to damage your tire/suspension - is if the other driver hit the tire/suspension. Usually you will see damage/marks on the wheel cover/rim and damage to the fender in this case. Then you may see damage to the suspension components.
Now, if the damage to the tire is a flat spot in the bottom of the rim - you hit a pot hole and did that yourself.
The appraiser "did this" because it is his professional opinion that the type of damage to your tire was not caused by this accident. Is there rust? Has there been rain since the loss? Could this be why he thinks it's not related?
Had the damage looked like it was caused by this accident - he would have written an estimate to pay for it. "the cost of fighting" has nothing to do with it.
It is entirely possible that the tire/rim was damaged before this incident - you just did not notice until after this happened. Or, you hit a pot hole, curb, parking stob or other object in the road and caused the damage to the tire yourself.
You shouldn't have to pay a deductible if the other driver's insurance is paying for it. Really the only other option would be to file a small claim, this cost less than $100 in most states. This would allow you to seek all damages back and court cost. Be sure to have proof in court so you don't get burned. Get witnesses, police reports and take photos. There is some good reading material in the resource below, just take a couple of minutes and find it.
Your best course of action is to determine what is wrong with your vehicle. The vibration could be something as simple as a 0.50 wheel weight that was rubbed off in the collision. If you do indeed have some prior damage on that area of your SUV then you may as well forget the other company paying out any cash.