What can I do if I was hit by a car but my insurance company refuses to pay for the mechanical damage?

About 3 weeks ago, I had an accident which has left my car non-functional. Here is my story I was waiting at an intersection and the light was green. However since there were still cars in front of me on the other side of the intersection, I did not go forward because I did not want to block the intersection. I was waiting for the path to become clear when a big truck hit my car. The accident damaged the trunk door, the rear bumper, and one of the rear lights, or that is what it seemed at first. Also, the hit was very strong and it displaced and damaged my chair as well, so I cannot adjust it and reach the pedals easily anymore. I managed to drive back home, which was a few miles away. I contacted my insurance to send a tow truck but the guy could not show up and I eventually decided to take my car to the auto shop for an estimate, which was very close as well. However, on my way back home from the shop, my car started to turn off and stutter. When I contacted the insurance company and the auto shop, they told me that they do not cover mechanical damages. They said since your car is old, this accident might have broken something that was already in the process of breaking, and the insurance will not pay for it. P.S. The driver’s Insurance company said that they are 100% responsible for the accident. Is there anything that I can do about this? Is there any help that I can hope to get? I am a student and cannot afford paying for mechanical damages myself. Believe me, I would if I could in order to save myself some drama and have my car back in the road instead of waiting for almost 20 days.

Asked on February 16, 2016 under Accident Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since you were not at fault in the accident, the at-fault party's insurance should pay for the property damage (cost of repairs to your car).  If it does not pay for the repairs, you can reject the property damage settlement offer and sue the at-fault party for negligence.

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