Car problems after an accident?

Question

I bought a new car in May of 2007. A week after the car was rear ended. There was only rear fender damage. In September of 2007 I started having trouble with the car. Problems included rear defogger stopped working, gas door does not unlatch properly, heater turned cold, transmission not going into gear properly, brake lights not turning off, trunk was leaking and a few other smaller problems. There are also specks pf rust all over the car. The dealership was able to fix most of everything under warranty except the gas door until they found out about the car accident while looking for the leak in the trunk. I had filed a lemon law case and it was just dismissed because they feel that ALL of my problems have been due to the accident. My question is can I now go after the insurance company of the person that hit me? In my state you cannot claim depriciated value due to an accident but since the manufacturer is placing the blame on the accident can I take that and go after them?

Answer 1

It may now be impossible to go after the other driver's insurance because of the length of time since the accident.

(Very difficult to prove over a year later that damages were a result of such an old accident and the insurance company would certainly question why you waited over a year to file a claim)

You can 'try' to file the claim through the other person's carrier, but I would expect that it will be denied.

For future reference, file a claim if you get in an accident and have the shop determine immediately if there is any damage as a result.  If you had done that, you would at least of had proof that there was no resulting damage after accident and the dealership wouldn't be able to shift blame and at best, you would have had the problems fixed immediately and not had to suffer through a year (and now more) of your car not working properly.

I'm sorry.  Live and learn.

Answer 2

You should have gotten you own estamite when you had your car fixed now you have excepted settlement and there is no way to reverswe that I know of. But how is the tranny slipping the acciedents fault You seem to be blaing a lot on the accident and it is probably just from you beating on the car, what typ of car is it  have fun trying to get a lemon law it needs like the times of happening before that process even starts.