Expert: Bennie719 - 4/23/2008

Question
I was recently involved in an auto accident and I am not the at fault party.  My vehicle was pretty badly damaged on the rear passenger side.  I basically sheared my rear axle off of the frame.  Their insurance adjuster told me they would use all new parts and panels, all OEM, except for the rear axle which they would be salvaging from a scrap yard.  I told him I would not accept the used part as I have no idea of maintenance and wear/tear history on the axle.  Do I have any discretion in the state of North Carolina on what parts can be used to repair my vehicle?

Answer
Hi Matt,
If your car is still under warranty or under extended drive train warranty, then putting used mechanical/drive train items on your car will VOID your warranty.
You can get a letter from your local dealer verifying this fact and present it to the insurance company.
You do not have to allow the insurance company to do repairs that will void your warranty.

I find the insurance company's method of repairing your car quiet strange.  It would have been perfectly acceptable (and a whole lot cheaper) to have repaired the sheet metal with used parts, but they choose new sheet metal and want to replace the most important safety and mechanical part with used.

I hope this information is helpful.  Please write again if you feel that I can be of more assistance.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area