Expert: Anne - 3/13/2009

Question
I live in North Carolina.  I own a 2007 Toyota Rav 4 with 39,000 miles.  I was stopped for an on coming ambulance - and was hit from behind - the driver behind me could not get stopped.  The accident was not my fault - a claim has been filed with his insurance company - they are trying to force me to accept an after market bumper.  This is totally unacceptable to me.  What are my rights in North Carolina?  Can I make them give me a true Toyota part?

Answer
Hello Linda,

This is perhaps one of the most frustrating things regarding auto claims. Your rights as are this: you must accept lower quality parts – which we believe is a bunch of ….

The “theory” behind this is that you did not have new parts on your vehicle when you were hit. Your vehicle is an 07, so it is a couple years old. The insurance company and the person that hit  you is only require to put you back on the position you were prior impact. Therefore they only have to give you a two year old party (used part).

As you have explained, this IS NOT acceptable, as you had a perfectly good Toyota part, two years or not. The insurance company argues that you are getting a brand new part, but after market (after market bumper). You are actually getting new part and not an old part (2 year old) as you are entitled to.

Again, this is frustrating. Please visit:

http://www.auto-insurance-claim-advice.com/insurance-vehicle-repair.html

For more information about this very subject.

What can you do? You can argue with them by asking for diminish value. Here is a link about this:

http://www.auto-insurance-claim-advice.com/diminished-value-claim.html it is a difficult claim to argue but it is about the only way you can get them to budge.

Good Luck
Anne.