What can I do if I was rear-ended on the freeway which caused a crack in my windshield and a claim has been filed, however my insurer still has not provided any type of resolution?

I have made several calls. The crack on the windshield is spreading and i’m afraid it will create a much bigger hazard than what it currently is. Should I have it repaired/replaced or will this strongly effect my claim in the way that they would refuse to pay me back for this repair?

Asked on September 25, 2015 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Document the broken window thoroughly photographs from several angles, a video, written descriptions, copies of any repair estitmates, etc. If it is replaced, not repaired, keep the broken windshield for later as evidence. If you document matters well, the law should not penalize you for doing what you have to do for safety...and conversely, if you don't take reasonable care for safety and then suffer and injury or accident later, you may be liable, due to your lack of care.

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