Expert: Anne - 2/27/2008

Question
My husband was involved in a car accident. Someone hit him from behind. There was a total of 4200.00 worth the damage to his car. He did get an estimate and proof of what needs to be done. The insurance company from the other party came out today and told him they would use AOE parts on his car from a junk yard and they would only pay 3100.00 of the damages and he would be responsible for the rest. Is this right? Its a 2006 car never been wrecked and now the whole back is smashed. The frame is bent inside the trunk and under the car. They told him they he would either have to take the 3100.00 and pay the difference if he was to go with the new parts. Please help!

Answer
Hello Angel

This is an unfair situation, there is no question about it. When you are arguing with your own insurance company you are "bound" by the terms of your policy. There, insurance companies spell provision like the one you are talking about. They get away with used non-new and non-original manufacture parts.

However,

It appears that you are dealing with the insurance company of the person that hit you (not your own). You have no contract or policy with them and therefore none of these clauses affect you.

You are owed what you had, and you did not have junk yard parts in youy 2006 car, or did you? You have be firm with them. YOU ARE OWED TO BE PUT BACK IN THE POSITION you were BEFORE the accident.

You did not have junk yard parts before. They will tell you that you did not have new parts either, but in either case, their claim is more unreasonable than yours. They have to either give you original manufacture parts that are 2 years old (2006 to 2008) or they have to do something to leave your car in better condition than when they hit you. Visit http://www.auto-insurance-claim-advice.com/property-damage.html for more information on damages to autos and property.

If they don't agree to pay you can take this matter to small claims court (you against the person that hit you or their insured). Looks like there is a $1100 difference which makes it below the threshold in most states. If the insurance company does not want to pay for the parts, then their client is going to pay for it. Note, if you do get a judgment, the insurance company must pay the judgment.

You should always contact an attorney before making any decisions in your claim.

Good Luck,
Anne
http://www.spokanelegalhelp.com