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Old 20.09.2017, 12:44
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Had a car accident, but insurance wants to pay only half of the repair cost

Hi,

I had a car accident (I was rear ended). I contacted the insurance company of the other driver and they sent a claim adjuster (I'm not sure if this is the correct term?).

My rear bumper needs to be replaced as a consequence of the accident, but because it had prior scratches (which are not related to the accident in question) the adjuster said the insurance will pay for only half of the repair cost.

Is this normal practice with Swiss insurance companies? Are there any laws I can consult in regards with this situation? Who can I write to/contact to try to change this?

The thing is, the bumper (before the accident) had only surface, cosmetic scratches. Now it is broken, and also the mount points are bent. It does not feel right (fair?) that I have to pay for half of the repair, since the repairs would not be needed if the accident would not happen.

Does anyone have any similar experiences?

Thank you!
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Old 20.09.2017, 13:03
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

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Hi,

I had a car accident (I was rear ended). I contacted the insurance company of the other driver and they sent a claim adjuster (I'm not sure if this is the correct term?).

My rear bumper needs to be replaced as a consequence of the accident, but because it had prior scratches (which are not related to the accident in question) the adjuster said the insurance will pay for only half of the repair cost.

Is this normal practice with Swiss insurance companies? Are there any laws I can consult in regards with this situation? Who can I write to/contact to try to change this?

The thing is, the bumper (before the accident) had only surface, cosmetic scratches. Now it is broken, and also the mount points are bent. It does not feel right (fair?) that I have to pay for half of the repair, since the repairs would not be needed if the accident would not happen.

Does anyone have any similar experiences?

Thank you!
How did the adjuster know it had previous scratches? The entire bumper needs replacing, full stop. The scratches are an irrelevance. Get a friendly garage on your side.
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Old 20.09.2017, 13:15
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

It doesn't feel right. I was hit by a car, and the front needs to be replaced. It also had scratches but now it's bent and the parking "beep" thing is always beeping.
They saw it and will replace the whole part, which I believe is the right thing to do.
you should call them and insist or seek help. sometimes just by insisting a bit things get solved.
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Old 20.09.2017, 13:18
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

Yes this is normal, Insurances basically pay up for the loss of value on your car, an already broken/damaged part is worth less, so you have less damage from the accident. If they should pay 50% or 60% or 75% could be a discussion.

Your financial damage is btw less than 50% since you replace an already damaged part with a new one your car is likely to gain value.
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Old 20.09.2017, 13:20
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

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How did the adjuster know it had previous scratches? The entire bumper needs replacing, full stop. The scratches are an irrelevance. Get a friendly garage on your side.
Not really true, your not supposed to benefit from a claim, i.e. be in a better position after the accident. As the bumper already needed painting it's clear that the OP is getting back a better car after the new bumper is fitted.
Only question is is 50% of the cost the right percentage, seems a a little high. I would argue the insurance should pay the cost of the parts & labour plus 50% of the spraying costs.
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Old 20.09.2017, 13:23
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

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Yes this is normal, Insurances basically pay up for the loss of value on your car, an already broken/damaged part is worth less, so you have less damage from the accident. If they should pay 50% or 60% or 75% could be a discussion.

Your financial damage is btw less than 50% since you replace an already damaged part with a new one your car is likely to gain value.
Rubbish. When our daughter had an accident last year (not her fault), the whole rear panel and window needed replacing. Despite this being an older vehicle (>10 years) and had existing minor scratches etc, the other driver's insurance still covered the entire repair cost.
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Old 20.09.2017, 13:26
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

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Rubbish. When our daughter had an accident last year (not her fault), the whole rear panel and window needed replacing. Despite this being an older vehicle (>10 years) and had existing minor scratches etc, the other driver's insurance still covered the entire repair cost.
Your lucky, thats all.
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Old 20.09.2017, 13:32
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

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Rubbish. When our daughter had an accident last year (not her fault), the whole rear panel and window needed replacing. Despite this being an older vehicle (>10 years) and had existing minor scratches etc, the other driver's insurance still covered the entire repair cost.
Before you start calling Rubbish towards people who do know what they are insured for you might want to call your insurance and ask them the same question OP is asking.

Are you in your legal right to pay me not the whole sum if due to an accident which is not my fault an already damaged part needs replacing?
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Old 20.09.2017, 13:34
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

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Not really true, your not supposed to benefit from a claim, i.e. be in a better position after the accident. As the bumper already needed painting it's clear that the OP is getting back a better car after the new bumper is fitted.
Only question is is 50% of the cost the right percentage, seems a a little high. I would argue the insurance should pay the cost of the parts & labour plus 50% of the spraying costs.
Unless the OP said to the insurance guy (Father Dougal style) "Well, that's great. The bumper was looking a right mess before this bloke hit me!" How would they know what was damage from the shunt and what was there before?
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Old 20.09.2017, 13:39
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

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Unless the OP said to the insurance guy (Father Dougal style) "Well, that's great. The bumper was looking a right mess before this bloke hit me!" How would they know what was damage from the shunt and what was there before?
Fairly obvious if the damage has another cars paint or scratched a building. Assessors are pretty good at noticing obvious fraud, even in CH.
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Old 20.09.2017, 13:44
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

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Unless the OP said to the insurance guy (Father Dougal style) "Well, that's great. The bumper was looking a right mess before this bloke hit me!" How would they know what was damage from the shunt and what was there before?
Old scratches look different from fresh scratches, also the scratches themselves could be in a spot, direction or height that they could not have been caused by this accident.
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Old 20.09.2017, 13:44
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

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Before you start calling Rubbish towards people who do know what they are insured for you might want to call your insurance and ask them the same question OP is asking.

Are you in your legal right to pay me not the whole sum if due to an accident which is not my fault an already damaged part needs replacing?
That may be so, but based on an actual example, this appears to be not upheld. Maybe we were just lucky, or the OP was unlucky, but the fact is the insurance paid the full whack.
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Old 20.09.2017, 13:47
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

i once had a subaru, and when i went to drop it off for a service, they offered me an XV as a courtesy car. Except this particular SV had a massive scratch down one side, which was clearly aged. When i pointed this out to the garage owner, he insisted there was no damage, and that it was spotless. Even when i ran my finger across the very obvious scratch, he insisted he could see nothing out of the ordinary.
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Old 20.09.2017, 13:52
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

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That may be so, but based on an actual example, this appears to be not upheld. Maybe we were just lucky, or the OP was unlucky, but the fact is the insurance paid the full whack.
One example never sets the rule.

And yes either you were lucky or your scratches were to small to be taken into consideration.
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Old 20.09.2017, 13:54
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

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Yes this is normal, Insurances basically pay up for the loss of value on your car, an already broken/damaged part is worth less, so you have less damage from the accident. If they should pay 50% or 60% or 75% could be a discussion.

Your financial damage is btw less than 50% since you replace an already damaged part with a new one your car is likely to gain value.
This kind of logic makes my head spin. A replaced bumper is unlikely to affect the value of a car. Also, if you're happy driving around with a few minor scratches then that's up to you. Being forced to pay for a replacement bumper after an accident that wasn't your fault is neither up to you nor is it fair.
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Old 20.09.2017, 13:55
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

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One example never sets the rule.

And yes either you were lucky or your scratches were to small to be taken into consideration.
Two examples?

We got whacked in a car park by a builder's van reversing out of a space into us as we were driving past him - crunched front wing and dinged driver's door. We had the whole thing covered plus courtesy car.
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Old 20.09.2017, 13:58
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

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Two examples?

We got whacked in a car park by a builder's van reversing out of a space into us as we were driving past him - crunched front wing and dinged driver's door. We had the whole thing covered plus courtesy car.
Give your insurance a call since you don't believe me.

And what's the point of your example without stating what damage the parts that needed replacement already had?
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Old 20.09.2017, 14:00
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

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I contacted the insurance company of the other driver and they sent a claim adjuster (I'm not sure if this is the correct term?).
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Before you start calling Rubbish towards people who do know what they are insured for you might want to call your insurance and ask them the same question OP is asking.

Are you in your legal right to pay me not the whole sum if due to an accident which is not my fault an already damaged part needs replacing?
You may want to read the post again - the claim is against the other driver's insurance.

The point of 3rd party insurance is to protect other road users - that hardly works properly if their vehicle is undrivable but the insurance refuses to make good the cost of making it drivable again.

It's not the victim's fault that the part is not repairable.
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Old 20.09.2017, 14:03
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

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Give your insurance a call since you don't believe me.

And what's the point of your example without stating what damage the parts that needed replacement already had?
It was nothing to do with our insurance - it was the builder's.

The door which was replaced had the usual obvious scratches around the handle caused by keys, rings, fingernails, etc. Plus there were a few stone chips on the already damaged wing which were pretty obviously not caused by the back end of a Transit.
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Old 20.09.2017, 14:05
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Re: Had a car accident, but insurance wants to pay only half of the repair cost

Basically it depends on a whole host of things. First it depends on the insurance you have, there is over 100 different ways of covering your car for damages. Parking damage vs road damage in not the same, there are franchises, some companies cover parts of cost, some cover full, i mean you can get a full "casco complète" and they will even reimburse if the accident is your fault for most insurance companies.

Rarely can two situations be compared as rules vary from one coverage to another and one situation to another. To get a good answer, we'd need to see what kind of insurance you have and based on that assess what you are entitled to.
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