My insurance company says that I had pre existing damage on my which I didnt.What should I do?

Question

The accident was ruled not my fault.The other driver pulled out of a driveway and I t-boned his car.My explorer was totaled and there was damage to the drivers door.The insurance company claimed that the door damage was pre existing which it wasnt so the GAP insurance did'nt cover it.When I called my insurance company they said there is no way that the door damage was caused by the accident and they were done with it and the claim was closed so I would have to deal with the $1500 due.

Answer 1

Seems to me that the insurance company will have to prove there was prior damage.  Them merely saying it was there before the accident, doesn't make it so.  Call your Insurance commissioner and or the office of consumer protection and file a complaint.  How long have you had the policy ?  A newly written policy usually requires that the agent inspect the car for damage just to prevent such a thing from happening.  Was your car ever inspected by the company?

Answer 2

Ask them to prove it. Reopen the claim as you did not sign off on it being closed. You could take the company to small claims for your loss.