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Posts Tagged ‘auto insurance’

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Question: Will auto insurance pay for previously fixed stone chip because it broke again in another accident?

Hi, I had a tiny stone chip on my windshield which was beautifully fixed to the point it could not be even seen. However, I had another car bumped into mine on a parking lot. In addition to a bent fender and bumper, the stone chip gave away and even spread new rays. All because of the lateral force of the impact–even my inside rear view mirror was pivoted.

Insurance company said, since it was not damaged directly because of the accident, and had a previous damage to it, they will not cover that under this claim.

Can I still make them pay under the above claim and not another separate one, where my deductible will kill it anyway.

Thanks!!

Answer: The other carrier IS liable for at least part of the damage to the windshield.

In a best-case scenario, your windshield was properly fixed by a reputable company the first time. They can not claim their driver isn’t responsible for the windshield any more than they could claim they weren’t responsible for damage to a properly repaired bumper. Just because it was damaged once does not mean it’s automatically ineligible for future repair.

In a worst-case scenario, they’re responsible for the EXTRA damage to the windshield. Accept responsibility for the chip, but they’re responsible for all of the cracking. The cracking makes it unusable, so they need to pay to have it replaced, minus a small amount for the existing damage. This principle is called ‘betterment’. They owe you a windshield with a chip in it, since that’s what you had before the accident. Since it’s not legal to put in a windshield with a chip, they put in a new one and make you pay the small amount for the chip that existed, since your new one is ‘better’ than the old one.

My advice, if you don’t feel like fighting with the other driver’s insurance, is to file a ‘glass-only’ claim with your insurance. Most companies offer ‘glass-only’ coverage with a lower deductible, usually $100. Have them replace the windshield and then they can send the bill to the other company in a ’subrogation action’. Your insurer won’t get the short end on this and when they get their money back, they will refund the deductible to you.

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