Is the person that rear ended me liable 4 full cost of repairs (just paint is needed)even if there was minor pre-existing damage

I was rear ended and thankfully only had minor damage to my vehicle. The other persons license plate was slightly imprinted in the paint on my plastic bumper. There were a few scratches previously on the bumper. I have received 3 estimates for the repairs and am wondering if the person who hit me is liable to pay forf teh full cost of repairs or just half or some other amount.
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Answers (3)

Steven Alan Fink

Steven Alan Fink

Contributor Level 8
They are liable for the damages they caused, not preexisting damage. However, if the damages they caused can only be repaired by also repairing the preexisting scratches, you get the benefit.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
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Peter Robert Stone

Peter Robert Stone Avvo Pro

Contributor Level 7
They are responsible for all the damages they caused. You can ask the shop to indicate in the estimate if they can the damages caused by this and the pre-existing.
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Ellie Sepeedeh Khabazian

Ellie Sepeedeh Khabazian

Contributor Level 4
They are responsible to pay for all the damage they caused even if you incidentally get some extra benefit from that.
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