Property Damage due to auto accident.

In a car accident at the fault of another driver. No injuries. The insurance co for the other drvr paid for the BODY damage to the car w/o sending an adjuster to look at the damage, however, once the BODY damage was repaired, I noticed that there was mechanical damage. The insurance company sent an adjuster out, AFTER my car was repaired (mechanical & BODY). They are refusing to pay stating that the mechanical damage is from wear and tear. No one ever looked at my car before the repairs. How can they come to that conclusion? Do I have any recourse. I reside in N.C.

Asked on June 11, 2009 under Accident Law, North Carolina


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

Answered 11 years ago | Contributor

I would start by sending a letter to the insurance company regarding the mechanical damage with a statement from the mechanic indicating that the damage was due to the accident and how he came to that conclusion.  If you don't get anywhere, you can sue the at-fault driver in small claims court for up to $5k.  Make sure you bring that letter from the mechanic, of have the mechanic come and testify when you go to court. I think you'll win this one.

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