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Can insurance company deny the claim if there is a pre-existing bumper cover damage at a different location on the bumper cover?

Olathe, KS |

Some body hit my car while it is parked and the other party's insurance is paying for the damages. A small portion of front bumper cover is broken on the right side because of the accident. However, there is a pre-existing damage below the bumper cover at a different location. The pre-existing damage is just cosmetic and is not visible unless you bend over underneath the car. However, the new damage (also cosmetic) is clearly visible. The insurance company denied claim even for the repair for new damage citing the pre-existing damage. Are they not responsible for repairing the car to pre-accident condition? Can they deny claim for new damage completely because of a pre-existing damage at a different location?

Insurance company is paying for repair of other damaged parts exlcuding bumper cover.

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Attorney answers 2

Posted

No. Talk to an attorney.

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. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

Posted

Insurance companies find any reason they can to deny coverage. If there was pre-existing damage to the bumper, yes, they can deny coverage. If they are wrong and still deny, get with an attorney

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