isn’t my insurance company obligated to repair my vehicle if I have 2 claims and are paying 2 deuctibles?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 15, 2012

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Insurance Question from Tucson, AZ

Asked on 02/15/2012

isn’t my insurance company obligated to repair my vehicle if I have 2 claims and are paying 2 deuctibles? I was in a minor fender bender, received a cashout minus the deductible. I replaced one part from a ajunk and don't have a receipt. I was in a second collision that was more severe and my insurance company doesn't want to repair my vehicle because I didn't replace all the parts from my first claim. The same and more parts were damaged due to the fact that my front end was the point of both collisions. If I pay a second deductible , isn't my insurance obligated to repair my vehicle since there was more damage , I need an auto body shop for the second claim. I have had full coverage for 22 years

Answer given on February 19, 2012

If your car was damaged in an accident and the repairs have not been completed at the time of the second accident, the insurance company must try to determine the extent of damages based on the previously damaged property.Even if you bought replacement parts and installed them on the car, the insurance company should consider that while adjusting for the second accident. However, if you expect new parts for the used parts you had put on the car, you probably will not be satisfied with the claim settlement.If you did not repair all of the parts from the first accident, the insurance company is not obligated to pay for the repair or replacement of those items a second time, since they had already made that payment. You should work with the body shop and the adjuster to try to negotiate a fair settlement to repair your car, but duplicate payments for some of the parts will most likely not happen.

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