Can I fight to get my mechanical issue fixed

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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