Yes, fight it. Insurance companies don't want to pay if they can get away with it. If you have to go to small claims bring a picture. If the new crack doesn't go through the old star then you should be set.Pre existing small rock crack in my windshield,now after an accident ICBC will not replace it?
If the damage to the windshield started at or near the cracks, they are within their rights to deny the claim. If the situation is how you described it, there's no cause and effect. Call the insurance commissioner in your state and explain the situation to them. They will tell you how to handle it.
HOWEVER, be aware that driving around with a crack or chip in your windshield is ILLEGAL. So you do risk getting a ticket for not repairing the problem before the accident.
Be careful on how you proceed here. The insurance company can take the position that they'll pay for the new damage but cancel the policy because you neglected to fix the windshield. In their mind that's a sign of an irresponsible driver.
The windshield does more than just provide protection from the wind--it's a structural component of the vehicle. A chip or crack can SEVERELY weaken the roof structure in an accident.
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