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Old 11-14-2012, 10:19 AM   #6
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Join Date: Oct 2007
Location: SW Michigan
Posts: 802
My Ride: '99 323i & '00 323iT
Originally Posted by youngs View Post
If I have broken tab on the headlight they consider it as a broken part. so basically what they are saying is the accident made slight difference on the broken headlight. they don't need to pay for the new one. so I asked to make it as the same condition as before ,and they said it is better condition than before because they wet-sanded the headlight. Even though they couldn't remove the scratches they consider that headlight is better than I got the scratch which is nonsense.
A good place to start is a post in the "Ask an insurance adjuster anything" thread to get suggestions on how to proceed.

Two situations here. First, insurance is supposed to keep you whole. That is, essentially, return to pre-loss condition. Essentially, this means that they do not repair existing damage. If the tab was broken prior to the accident, then fixing the tab isn't covered. Same thing with a worn out (<2/32") tire. If it is destroyed in an accident, you don't get a new tire: that one was already at the end of its useful life. A fender that had been keyed prior to being dented in an accident still gets fixed. And at full cost because the prior damage doesn't affect the cost of the repair.

Many of us have assemblies with broken tabs. They light up the night. They aim just fine. They don't move around. Not "junk".

While a non-functioning bulb, gross misalignment, or inability to align might mean a failed a safety inspection, it is extremely unlikely that a broken mounting tab would. Just check the regs on your state's DoT site. If, as TerraPhantm, suggests, you have evidence of its having passed inspection previously, you have an even stronger case that it isn't "junk".

The damage that needs to be repaired is the deeply scratched lens. Although a cracked lens might fail an inspection, a scratched lens is not likely to do so. But that isn't the point. The pre-loss condition on the lens did not have scratches. If they are deep enough that they don't buff out, they are deep enough to negatively affect the performance and longevity of the unit.

The fact that they tried to fix the headlamp is a de facto admission that they are responsible for fixing that damage. If it were truly "junk" they would not have expended anything at all to try to fix it.

Talk with your insurance agent (or adjuster) to get advice. You need to escalate. It is best to do this properly, using language that they understand.
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