What to do when the insurer says the damage was already there

The view from an auto damage appraiser

For survivors and families3 min read

Insurance and claimsPrior damageClaim disputesEvidenceVehicle inspection

An insurer may cut an estimate if it thinks some damage was there before the crash. Sometimes that’s right, as with an old scrape. It can also be a mistake if the insurer misread the impact. Ask it to point out each area it left out and the evidence behind that call. [1, 2]

Put together a timeline

Collect dated photos from before the crash and right after it. Look for service records, a past inspection, photos from a sale listing or earlier insurance estimates. Ask the repair shop to describe what it found when it took the car apart. That could include fresh bending, paint transfer, broken fasteners or related damage. These notes may help. They can’t stand in for a careful look at what caused the damage. [1, 2]

Two separate questions

The first question is whether a part was damaged in this crash. The second is what shape that part was in before. One panel can have both an old scratch and new impact damage. Ask how the insurer handled each one. Do not claim old damage as new. Being honest about it makes the rest of the dispute easier to judge. [1, 2]

Ask for a second look

Send a short reply tied to specific lines in the estimate. Include your evidence and ask for a written reconsideration. If you’re claiming under your own policy, read its appraisal provision. Also ask your state insurance regulator about complaint or mediation options. These choices can be different for a claim against another driver’s insurer. [1, 2]

Ask the adjuster these

  1. Exactly which damage do you consider older?
  2. What evidence led you to that conclusion?
  3. How do I send in a request for review?

Ask to see the disputed spots marked

Ask for the estimate with notes on it, or for photos that mark each area in dispute. [1]

Sources and further reading

  1. 1California Department of Insurance, auto claim mediation issues
  2. 2Texas Department of Insurance, disputing an adjuster’s estimate

General education from a vehicle damage appraisal view. Figuring out the cause and amount of damage takes a review of your specific case. Dispute options differ by claim and location.

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