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Question: Will my auto insurance deny a claim if someone hit me in the back but i already had rear end damage ?

(Posted by: TC on 2010-03-04 07:01:25)

I was driving and I was hit in the back by a car, the driver of that car fled the scene. My car had damage to the rear of the car already and since the driver of the other car left the scene I don't have much information for my insurance company, but it did happen and I even broke my ankle in this accident, so my question is basically this Since (I believe) the adjuster suspects that this prior damage exists and then asks me about it If I admit to my Insurance company that some of the rear end damage was already there will this negate my claim for the hit and run damage? I didn't report the prior damage because it had just happened the day before and it wasn't serious enough to contact the police or my insurance, I was planning on paying for the repairs myself, but then I was hit by another person that left the scene. Help Thank you Only serious answers please, this is no joke.

Posted by: Dan B on 2010-03-04, 07:17:19

You probably won't have to worry too much. But the inspector may be able to identify prior damage that isn't consistent with the accident you had today. Example, your previous damage may have been on a part of the car that could not have been hit by the car in today's accident. They look for that and any reason to reduce or deny coverage. I T-boned a red light runner a few years ago. His insurance company was going to reduce my claim because they said I didn't have the grill work on my truck prior to the accident. The plastic grill work was destroyed in the accident and was not on the truck when the inspector came by. Well, I had recoverd my grill work and showed them that I had grill work BEFORE the accident. They had to pay for that.

Posted by: sensible_man on 2010-03-04, 07:24:05

Expect some serious inquiry into your damages. Two rear end accidents in two days sounds awful suspicious. This is especially true since you did not get either drivers info.

Posted by: lucy on 2010-03-04, 08:43:41

If both are true rear end damages, you will never be found at fault. But depending on where the damages are in each accident, the appraiser may determine that there were 2 hits vs 1. What would happen is that you will be charged 2 claims with 2 deductibles, which sucks. Since the 2nd accident is truly a hit/ run and you sustained injuries, hopefully you might have enough info to find the other guy. But if you don't have a plate number, then you maybe sol in finding. But I question why you wanted to pay for your own damages on the 1st accident. Did you get any info on the other driver so that you can file a claim on his insurance policy?? If so, and even if your insurance company pays, they will go after the 1st guy for what they pay plus your 1st deductible. Also, I suggest you fess up to this, since as you state you believe they suspect prior damages even though it has only been 1 day, but the damages most likely set up "red flags " to the appraiser and notified the adjuster. In many policies and by law in some states, in a hit/ run, not eligible for uninsured property damage if they cannot ID the at fault party. But even if you cant ID the at fault, you are still eligible for your injuries if you have uninsured bodily injury on your policy. They wont deny, but if you have collision coverage, the 2 damages will be separated out by each and you will be out of pocket 2 deductibles. You have insurance, you paid for it, so use it. good luck