Can I fight to get my mechanical issue fixed

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Can I fight to get my mechanical issue fixed

I was parked and a car crashed into my vehicle when
I drove it it was making a loud noice so I went and
got and alignment and the mechanic told me my left
wheel barrier was broker so the insurance already
fixed the crash but is not trying to cover the
mechanic since they consider it normal wear and
tear also because it doesnt have original wheels on
is there anything I can do

Asked on April 15, 2019 under Insurance Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If in accepting the payments you already have (you write that the insurer paid to fix the crash) you signed anything accepting that payment as payment in full or settlement of all claims, then you cannot take legal action: you would have, in signing that document, accepted that payment as all you are entitled to.
If you did not sign anything settling the claim for what you have already received, you could, if necessary sue. Based on what you write, it appears you are talking about the other driver's insurer not fully paying you; you would then sue the other driver (you sue the driver and/or the car's owner, not the insurer) for the additional unpaid costs. To recover them in the lawsuit, you'd have to prove in court with expert (e.g. mechanic) testimony that the damage you are suing for was caused by the crash and not normal wear and tear.


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