When a motor vehicle collides with another that already exhibits impairment, the situation presents distinct legal and insurance considerations. This scenario differs from a typical accident where both vehicles are presumed to be in sound condition prior to the incident. For instance, a vehicle with a dented fender or scratched paint, sustained from a previous, unrelated event, is then involved in a new collision.
The presence of prior impairment complicates the determination of liability and the assessment of damages. Accurately identifying what impairment existed before the new incident is critical. This affects insurance claims, as the responsible party is generally liable only for the incremental damage caused by the new collision, not the entire cost of repairing pre-existing conditions. Documentation, such as photographs and repair estimates from before the incident, is essential to establish the scope of pre-existing issues.
