Should I have to pay out of my own pocket to get my transmission looked at if I was rear-ended and am having major transmission trouble?

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Should I have to pay out of my own pocket to get my transmission looked at if I was rear-ended and am having major transmission trouble?

When I was rear-ended by a drunk driver. Their insurer tried to pay us off for our bumper which wasn’t the problem for us; the problem was our transmission. However, it is saying that we have to pay for to get it checked out because it is a mechanical issue; then we are to let it know the findings so it can determine whether or not it is accident related. But we don’t have the money to pay for it.

Asked on April 9, 2012 under Accident Law, California

Answers:

DRichard White / MoKan Personal Injury Group

Answered 9 years ago | Contributor

The only obligation of the insurance company is to pay for those damages which their insured would be legally liable to pay for as a result of damages he caused. If there is a question as to whether he did cause the damage then it is up to you to get the information needed to show that it was in fact damages that he caused. There is no way of knowing if the transmission problem was caused by the collision or if it was going to be a problem regardless, however, if the inspecting mechanic states that it was cause by the collision then the company will most likely pay for the damages as well as for the inspection.


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