I was in a car accident on September 21, 2011 where someone ran into the back of my vehicle. After the accident I noticed some problems with the transmission on my car. For example, I was trying to take my son to school and the car was locked in park and would not move. The day before, I was in drive and could not go into reverse.
I told this to the insurance claims representative and she said “well that’s happened to my car before with no accident,” like I was trying to get over or something. I was not having this problem before the collision.
Is there any way to prove that these problems with my car were from the rear end accident? How can I get the insurance company to pay for the repairs?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Take your car to the dealer or a reputable service station. Have them check the property damage. If the damage adversely affected the transmission it should be reasonably easy to spot.
The transmission differential is located in that big round cylinder in the center of the rear axle. If the collision caused sheet metal from the car to lodge up against it, or if any other metal parts were pushed or moved in such a manner as to have moved into the transmission’s space, it should be relatively easy to discover.
If so, the mechanic probably won’t have much of a problem putting her findings in writing. Doing so will inure to your benefit and to hers. If that doesn’t convince the insurance company’s Claims Adjuster and you don’t live in a no-fault insurance state, you may have to consider legal action against the at-fault driver.
If you do live in a no-fault state and the Adjuster won’t cooperate you can consider legal action against your own insurance company. But that’s just not something we would recommend. The costs of doing so may be prohibitive, and in any event, cost substantially more than repairing or replacing a transmission.
Learn more here: What to Do After Rear-End Collision
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
We wish you the best with your claim,
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