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Other Driver Claiming Pre-existing Damage as Caused by Accident

by David
(New York)

Scrapes, Not Dents

Scrapes, Not Dents

The other driver in the accident claimed a pre-existing damage as caused by the accident. Pictures of damage to both vehicles simply do not match.

My vehicle has only scraping damage to rear quarter panel, caused by the other vehicle's front bumper corner, but the other driver claimed my vehicle caused a huge dent with no scraping damage behind his front wheel opening.

As a result, I could not get fully reimbursed for damage to my vehicle. Is this a crime of insurance fraud? Please help!


Well, yes it would be insurance fraud if it can be shown intent to defraud. This is where things can get hard because proving prior damage can be very difficult. Your insurance company needs to help you out here, particularly with your concerns of fraud.

They will have to inspect both cars and determine if the damage is even physically possible. If it is not, then the insurance company will be able to not pay for that damage (call it pre existing). They will probably not prosecute for fraud.

However, if the damage is physically possible, the insurance company hand’s might be tied and they might have to cover the loss (protecting you from this person taking you to court).

I know this is not very fair, but auto damage claims like yours are hard to adjust.

See more about auto property and car damage claims here:

Good Luck,

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