Is the person that rear ended me liable for full cost of repairs (just paint is needed) even if there was some minor pre-existing damage?
Question Details: Person who rear ended me left slight imprint of license plate on my bumper, only a paint job is needed to repair the damage. There were some areas of the bumper that were previously in need of just a paint job. Is the person who hit me liable to pay for the full amount of the damage or just a percentage?
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It all a matter of degree. If his impact is extremely minor and the rest of the bumper looks terrible he could make out a case that he caused no damage. If it was the other way around then he is liable for the cost of repainting the whole bumper if it cannot be just spot painted.
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