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Reduction of Insurance Settlement Offer Due To Prior Damage

Hi, I live in CA. About 2 weeks ago someone backed into my car in a parking lot, took responsibility for it etc, and we went through his insurance. So I met with an adjuster who looked at the damage, and she wrote 2 estimates.

The damages was done to my front bumper, and the damage done by their client was $1794. However here is the catch. Because there were scratches off the paint done on the bumper already, they wrote another estimate for $1511, and deducted that from the check they sent me, which totaled out to a measly $283.

I do no understand how they can do this at all. Because of what they have done, I am simply put in the position of needing to pay $1511 of MY OWN money to have THEIR CLIENTS damages repaired. Is this not their responsibility? Is it not their obligation to repair their damages to new condition? I do not see how they can depreciate the value of their estimate this way. How is it legal to pay for 15% of damages you're responsible for?

I am making 8.40 an hour at a grocery store and I'm leaving for college in 2 months. I will be selling my car before I leave and I really need to work this out.
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Quoting mnorlander
Is it not their obligation to repair their damages to new condition? .
No, it is their responsibility to repair it to the condition it was in before they caused their damage.

Why would they be responsible for prior damage? They didn't cause it so they should not have to pay for it. Now what you need to do is get estimates of your own, just like they did.
If they are vastly different from the other insurance company's, then you have something to argue about.
so would it be legal for me to go get an estimate from a very cheap paint shop and ask for an adjusted difference?
Sure but be careful. The insurance company could go there and get an estimate on the damage their client did as well.

Just be sure you are comparing apples to apples.


For a fair comparison, you will need to have both parts of the damage estimated by the same place, just as they did.

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