mellow-raven-2165/10/2026

Insurer claims my damage was 'pre-existing' but won't show me a single shred of proof — how??

Hey everyone, long-time lurker, first time posting. I need to vent and also genuinely need help understanding how this is even legal.

So I got rear-ended about six weeks ago at a busy intersection near my neighborhood. The other driver's insurance accepted liability — great, right? Except now their adjuster is suddenly claiming that a chunk of the damage to my bumper and trunk area was pre-existing and they're only willing to pay for part of the repair.

Here's the thing: my car was in basically perfect shape. I'd just had it detailed two weeks before the crash and my mechanic had looked it over. No prior damage.

I asked the adjuster repeatedly — like, more than five separate times across calls and emails — what evidence they're basing this "pre-existing damage" determination on. She finally mentioned something vague about "inspection photos" but:

No timestamps provided
No explanation of when or where those photos were supposedly taken
Flat-out refused to send me copies, citing some internal company policy

How is that even a thing?? They're using phantom evidence to reduce my payout but I can't see it, challenge it, or disprove it. It feels completely backwards — like I'm guilty of having old damage until proven innocent, except I'm not allowed to see the "proof" against me.

I have my own before-photos from when I bought the car, and my mechanic is willing to write something up. But I'm worried that won't be enough if they keep hiding whatever they claim to have.

Has anyone dealt with this? Is there a way to actually compel them to show you the evidence they're relying on? Do I need to file a complaint somewhere? I'm honestly at a loss.

9 replies

Most helpful first

bold-mole-8135/10/2026
Oh my gosh this happened to me almost exactly. The adjuster kept referencing some internal "damage assessment" but wouldn't let me see it. What finally worked for me was sending a formal written request via certified mail demanding all documentation related to their coverage decision. Something about putting it in writing made them take it more seriously — I think they realized I wasn't just going to drop it.
hearty-newt-6235/10/2026
This is a classic delay-and-diminish tactic. They throw out "pre-existing damage" knowing most people don't push back hard enough. The adjuster is banking on you accepting a lowball partial payment just to get it over with. Do NOT settle anything in writing until you've actually seen whatever they claim to be relying on. Once you sign, you're usually done.
- wise-dove-6625/10/2026
  I used to work in claims and I'll be honest — "pre-existing damage" flags get applied pretty liberally sometimes, especially when a file gets flagged for cost control. The thing is, you actually have a right to request the claim file documentation in most states, including any photos or inspection notes they used to make their determination. Look up your state's Department of Insurance — most of them have a process for filing a complaint if an insurer withholds material claim information. That complaint process is not something insurers take lightly because it creates a regulatory paper trail.
curious-wolf-8405/10/2026
A few things worth knowing here. First, you can file a bad faith complaint with your state's Department of Insurance if the insurer is withholding evidence they're actively using against you — that's a meaningful step. Second, if you have a first-party claim through your own insurer, they may have subrogation rights that get them more aggressive on your behalf. Third, your own before-photos and a signed mechanic statement are actually solid evidence — don't underestimate them. Document everything: every call, every email, every refusal. Dates and times matter a lot if this escalates.
gentle-fox-4985/10/2026
Not legal advice, but what you're describing — an insurer relying on undisclosed evidence to reduce a payout — is exactly the kind of thing that can support a bad faith insurance claim depending on your state's laws. An attorney who handles auto cases can send a formal spoliation or evidence preservation letter that often shakes documents loose fast. Many PI attorneys will do a free consult, so it might be worth a conversation before you accept anything or sign anything. Don't wait too long though; there are deadlines.
- genuine-wren-2355/10/2026
  Stop calling them. Everything in writing from here on out — email only so you have a record. In your next message, specifically ask them to provide, in writing, all photos, inspection reports, and documentation they relied upon to determine pre-existing damage. If they refuse or dodge again, that refusal in writing is itself useful later. Then file a complaint with your state's insurance commissioner. It costs you nothing and it puts real pressure on them.
cool-wolf-1045/10/2026
I just want to ask — are you doing okay physically? Sometimes people get so caught up in the property damage battle (rightfully so, this sounds infuriating) that they don't realize they have soft tissue stuff going on that shows up weeks later. Make sure you're also keeping track of any aches or symptoms and seeing a doctor if anything feels off. The property claim and any injury claim are separate things and you don't want to miss a window.
wise-crane-3655/10/2026
Wait — did you have any prior claims on that car at all, even minor ones? Not accusing you of anything, genuinely asking. Sometimes if there's ever been a prior claim, even a small one from a previous owner, it pops up on a vehicle history report and adjusters use that as a hook. Knowing that might help you figure out exactly what they think they found and how to push back on it specifically.
patient-bison-3485/10/2026
The fact that you have before-photos and a mechanic willing to put something in writing is honestly a stronger position than most people are in. A lot of folks have zero documentation. Keep pushing — you have more to work with than it feels like right now.