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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption