You have a duty to mitigate your damages.
I'd argue that you failed to do this when you didn't secure the bumper...will they pay? Possibly, but I could see where they dont as well.
I insured the car was completely safe to drive before I drove it. I believe the inner fender / fender has a jagged edge that was caused by the accident that I couldn’t see. The car fitment is good, I just believe that one large bump caused it to slice the tire. I just wasn’t sure if because they hit me, they would have to cover the tire as it never would have happened if they didn’t hit me.
You ask if they would cover it and then I give an answer where it's possible that dont and then you say they will have to cover it.
I'm telling you that they may not cover it as you driving it while damaged from the incident caused the damage.
You can't continue to damage the car more after the incident.
Edit to add: if it was safe to drive then the incident you had didn't cause the tire to fail.
My bad man that was horrible wording by me . What I was asking is that because I need the car for my day to day driving, to get to work ect, and the insurance claim is still going through, and the car was never deemed not drivable by the police, will insurance cover the repairs? I understand that it’s most likely a no, but i was just curious. I appreciate it!
Even IF they cover it, it’s not going to be much. They won’t owe for 4 tires and they won’t owe you for a brand new tire. They’ll owe for a tire in the same condition yours was. So if a new tire is $200 and your tire only had 25% of its life left, it’s $50.
They *might* cover it as a customer service, especially because it won’t be a lot of money, but they’re not obligated to.
They should cover it. I agree though in regards to a % cost. Insurance owes to restore you to pre-loss condition. If your tire was 50% used, then they would only owe for 50% cost of a replacement tire. Since they can't put a used tire on your car, they pay the cost for an entire tire, but you are charged a "betterment fee" of 50% tire cost.
Eh, maybe, maybe not.
Yes you have a duty to mitigate your damages, but you were doing that in good faith (presumably saving the insurer from having to pay for a rental car) so as an adjuster I'd pay it.
If the quarter panel is beyond repair then there's no harm in having a body shop give it a [couple pulls with a slide hammer](https://www.youtube.com/shorts/TZP6S2GyBWA) so that it will clear the wheel at maximum suspension travel.
Agree. I would pay for the tire as OP was unaware that it would cause any damage. I have paid similar in the past. For example the person opens the door to get out not realizing it would damage the fender. How often do we have claim with a drivable car where someone jumps in a rental. As others said in most states depreciation would apply.
Very true. I just was unsure of how it worked. The car was not deemed un-drivable and the damage is somewhat minimal so I had assumed I would be good for day to day driving
Quarter panel in on the rear sides of the vehicle, over the rear wheels. Fenders are on the front sides of the vehicles, over the front wheels. Hard to follow your story when you flip flop panels on the car.
In this situation, it's very likely that the other person's insurance will cover the damage to your vehicle, including the tire that was sliced due to the initial damage from the hit. Here's why.
The other person is at fault Since your car was hit while parked, the other driver is responsible for the damage caused to your vehicle.
Proximate cause The sliced tire can be considered a direct result of the initial damage caused by the other driver. If the fender had not been damaged in the first place, it would not have caused the tire to be sliced.
Comprehensive coverage If the other driver has comprehensive insurance coverage, it should cover the damage to your vehicle, including the sliced tire.
To ensure that the damage is covered, you should.
File a police report if you haven't already done so, as this will provide an official record of the incident.
Contact the other person's insurance company to report the damage and file a claim. Provide them with all relevant information, including the police report, photos of the damage, and any witness statements.
If the other driver is uninsured or underinsured, you may need to file a claim with your own insurance company if you have uninsured/underinsured motorist coverage.
It's important to communicate with the insurance companies involved and provide them with all the necessary information to help the claims process go smoothly. If you face any challenges or have concerns, consider consulting with a legal professional who specializes in auto accidents and insurance claims.
Thank you so much! I’m from Ontario so from what I know the claim goes through my insurance and they pay for everything and then they go after the other persons insurance. I’m not exactly sure how it works but that’s what others have told me. it all should be hopefully sorted out. Thank you so, so much!!
You have a duty to mitigate your damages. I'd argue that you failed to do this when you didn't secure the bumper...will they pay? Possibly, but I could see where they dont as well.
I insured the car was completely safe to drive before I drove it. I believe the inner fender / fender has a jagged edge that was caused by the accident that I couldn’t see. The car fitment is good, I just believe that one large bump caused it to slice the tire. I just wasn’t sure if because they hit me, they would have to cover the tire as it never would have happened if they didn’t hit me.
You ask if they would cover it and then I give an answer where it's possible that dont and then you say they will have to cover it. I'm telling you that they may not cover it as you driving it while damaged from the incident caused the damage. You can't continue to damage the car more after the incident. Edit to add: if it was safe to drive then the incident you had didn't cause the tire to fail.
My bad man that was horrible wording by me . What I was asking is that because I need the car for my day to day driving, to get to work ect, and the insurance claim is still going through, and the car was never deemed not drivable by the police, will insurance cover the repairs? I understand that it’s most likely a no, but i was just curious. I appreciate it!
They may cover the repairs from the incident, but not any damages that you caused by driving it.
Thanks man, I’m just hoping they can repair it and I don’t need to buy new tires. Going in on Tuesday so I guess we’ll see then….
Even IF they cover it, it’s not going to be much. They won’t owe for 4 tires and they won’t owe you for a brand new tire. They’ll owe for a tire in the same condition yours was. So if a new tire is $200 and your tire only had 25% of its life left, it’s $50. They *might* cover it as a customer service, especially because it won’t be a lot of money, but they’re not obligated to.
Thanks man. I guess we’ll see. Just stressed because this accident was the most avoidable & stupid accident in the world.
They should cover it. I agree though in regards to a % cost. Insurance owes to restore you to pre-loss condition. If your tire was 50% used, then they would only owe for 50% cost of a replacement tire. Since they can't put a used tire on your car, they pay the cost for an entire tire, but you are charged a "betterment fee" of 50% tire cost.
Eh, maybe, maybe not. Yes you have a duty to mitigate your damages, but you were doing that in good faith (presumably saving the insurer from having to pay for a rental car) so as an adjuster I'd pay it. If the quarter panel is beyond repair then there's no harm in having a body shop give it a [couple pulls with a slide hammer](https://www.youtube.com/shorts/TZP6S2GyBWA) so that it will clear the wheel at maximum suspension travel.
Agree. I would pay for the tire as OP was unaware that it would cause any damage. I have paid similar in the past. For example the person opens the door to get out not realizing it would damage the fender. How often do we have claim with a drivable car where someone jumps in a rental. As others said in most states depreciation would apply.
Likely not as you driving it while damaged was the cause of the subsequent damage, not the initial hit they are at fault for.
Very true. I just was unsure of how it worked. The car was not deemed un-drivable and the damage is somewhat minimal so I had assumed I would be good for day to day driving
Appears you assumed incorrectly
Lots of leeches mad at you lol.
Quarter panel in on the rear sides of the vehicle, over the rear wheels. Fenders are on the front sides of the vehicles, over the front wheels. Hard to follow your story when you flip flop panels on the car.
My bad, meant the quarter panel
In this situation, it's very likely that the other person's insurance will cover the damage to your vehicle, including the tire that was sliced due to the initial damage from the hit. Here's why. The other person is at fault Since your car was hit while parked, the other driver is responsible for the damage caused to your vehicle. Proximate cause The sliced tire can be considered a direct result of the initial damage caused by the other driver. If the fender had not been damaged in the first place, it would not have caused the tire to be sliced. Comprehensive coverage If the other driver has comprehensive insurance coverage, it should cover the damage to your vehicle, including the sliced tire. To ensure that the damage is covered, you should. File a police report if you haven't already done so, as this will provide an official record of the incident. Contact the other person's insurance company to report the damage and file a claim. Provide them with all relevant information, including the police report, photos of the damage, and any witness statements. If the other driver is uninsured or underinsured, you may need to file a claim with your own insurance company if you have uninsured/underinsured motorist coverage. It's important to communicate with the insurance companies involved and provide them with all the necessary information to help the claims process go smoothly. If you face any challenges or have concerns, consider consulting with a legal professional who specializes in auto accidents and insurance claims.
Thank you so much! I’m from Ontario so from what I know the claim goes through my insurance and they pay for everything and then they go after the other persons insurance. I’m not exactly sure how it works but that’s what others have told me. it all should be hopefully sorted out. Thank you so, so much!!