If the insurance company considered my last car repair as not related to an accident, do I have any other option?

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If the insurance company considered my last car repair as not related to an accident, do I have any other option?

I had an accident 5 months ago in where I hit a sidewalk with both of my right wheels. The main damage was in the front and it was fixed nothing damaged was seen on the rear part. Now I needed to change my rear axis. It looks like with the time my rear axis has been bending more and more something that the first person that fixed my car didn’t notice. Now the insurance company said that is not related to the accident and they don’t want to pay for fixing this. Do I have any option?

Asked on November 7, 2011 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, check any documentation you received when you received the payment or reimbursement, etc., for the first  loss (the front). If you agreed to accept that payment in return for giving up any or all other claims for damages arising from that accident, you are bound by that agreement and may not seek additional compensation.

If there is no release or other bar to seeking additional compensation (for a later-discovered loss), and the insurer will not pay, you have the option of suing them to force them to honor their obligations under the policy. You should consult with an attorney, bringing a copy of the policy and all correpondence relating to the accident, payment therefore, and denial of the second claim, with you. Note that for a few hundred dollars, it may well not be worth the cost of a lawsuit. Good luck.


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