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A couple of months ago my car got hit while parked, causing a small dent. I got the other person's insurance information but didn't file the claim until last week. The other person's insurance accepted full liability, but I haven't fixed the small dent.
Today a lady hit me on the same side and caused further damage. What happens now?
It is a principle of equity (of which damages are a part) that you are not entitled to be enriched.
Let's say that the first collision did damage costing $500 to repair. If after the second collision the cost of the repair is now $700, the first driver is liable for $500 and the second for $200.
That said, let your insurer sort it out - that's what you pay your premiums for.
You file another claim. Period. It's not unjust enrichment. You have no duty to fix your car. You are being compensated for the reduced value. Say I hit your door backing into a spot and cause a tiny dent. You get paid x for that dent. Then someone comes and rips the door off. The door needs to be replaced anyway. You are legally allowed to put in a claim for that damage. IF someone is to be enriched beyond what they are due, it is never the wrongdoer or the insurer. It is not relevant that you never fixed the small damage.
Now, if you got paid for a small dent on the rear right fender and then you get hit on the door, they only have to pay for the door, not the damage that already existed. In this case you would just list that in the questionnaire about any preexisting marks or dents.
If the car is totaled, you just get book value, so you are out money anyway, because (aside from certain replacement policies) you don't get replacement value only actual value.
