What if my vehicle had previous damage that was worsened by the rear-end accident?

If you’re involved in a rear-end crash and your vehicle has previous damage that was worsened by the accident, you may be wondering if you can still recover damages from the other driver. The answer is yes, you can still file a claim, but it may be more complicated than if your vehicle had no previous damage.

Here are some things to keep in mind:

  • You can only recover damages for the extent to which the crash worsened the previous damage. For example, if your car had a small dent on the rear bumper and the accident caused that dent to become a large crease, you can only recover damages for the cost of repairing the crease, not for the entire bumper.
  • It can be difficult to prove that the accident worsened the previous damage. You’ll need to provide evidence such as before-and-after photos, repair estimates, and detailed information from  mechanics.
  • The other driver may try to argue that the previous damage made your vehicle more susceptible to damage in the accident. For example, they may claim that the previous dent weakened the bumper so that it was more likely to crumple in the accident. In this case, the other driver may argue that they should only be responsible for a portion of the damages.
  • Your own insurance may cover the damages, regardless of who was at fault for the accident. However, your insurance company may still try to argue that the previous damage makes the accident partially your fault, which could affect the amount of damages you can recover.

Overall, if you have a pre-existing damage to your car that was worsened after being rear ended, it’s best to consult with an experienced car accident attorney to understand your legal rights and options.

If you have any questions or concerns, please don’t hesitate to contact The Ruth Law Team at (888) 783-8378 to speak with an attorney. We’re here to help you navigate the legal system and get the compensation you deserve.

You can also visit us by appointment at one of our Florida Law Offices, Minnesota Law Offices, or Georgia Law Offices.

Please note that the answers for each question may vary depending on the specific facts of your case, and it is always best to consult with an attorney to get more accurate information. Also, this is general information and not legal advice.