You can sue your insurance company. When you are rear-ended, the other party is presumed at fault. Speak to an auto accident attorney. They will be in a better position to advise you of your rights and legal options.
This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney
If you were injured, consult with an experienced personal injury attorney who can help you with both problems.
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If they refuse to cover repairs that you can document was caused by the accident, have an attorney send them a 176D demand letter.
No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
You can sue them. The main issue will most likely come down to causation. The court will need to determine the cause of the additional damage. Obviously the insurance company will argue it was not related to the accident. It appears as though you have a body shop saying it is related. Therefore, you have an issue of fact which can be decided in a lawsuit. Of course, all states have differing laws and technicalities. So, it is always recommended to consult with an experienced local attorney to determine all of your rights.
You should use the AVO "Find a Lawyer" tool bar and select an experienced attorney to assist you ASAP. You need an expert in your corner as the insurance company has a team of attorney's they use all the time. Start things out on the right foot.
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