Knoxville, TN asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Tennessee

Q: Car was in an accident now the person at faults insurance company refuses to fix damages. What do I do?

I got into an accident no fault of mine. The other persons insurance company looked at my car and is now refusing to pay to have it fixed, or totaled whichever needs to happen. They said due to previous damage, that I was unaware of because when I financed the car, I was given a clean Carfax, they would not fix my car, instead give me a Check. Do they have a legal obligation to fix my car regardless of previous damage?

2 Lawyer Answers
Mr. James Charles Wright
Mr. James Charles Wright
Answered
  • Personal Injury Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You may have to bring a lawsuit against them to make the insurer pay for the damage. You can turn the claim in to your insurer to have the car repaired and your insurer may pursue the other company as well as your deductible.

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Generally they can give you the market value of what it was worth the minute before the crash or fix, their option.

You want to get their valuation sheet--if it was hidden damage that was fixed, shouldn't affect price.

Also if you were hurt you have a claim for your injuries so get a consult with a member of the Tennessee Assn for Justice--they give free consults.

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