Expert: Ron Cercone - 3/8/2009

Question
if my car is registered and insured in new york, was parked and involved in a hit and run (not my fault) who's insurance laws take over, FL or NY.  I ask this because in FL i was told requires me to get OEM parts if wanted, where as NY only requires comparable parts.  The claim has been filed in Florida.  Thanks.

Answer
Hello Daniel,

I assume the claim was turned in to your own insurer since the "hit and run" guy is probably gone. First before looking at the law, look at your policy to see how it reads. If you don't have a policy handy, there over 85 to choose from for free download at UClaim.com. Some el cheapo policies require aftermarket parts. If that requirement is in there, then it over-rides any law, at least this kind of a law. If your policy does not specify, then you are entitled to oem. But keep in mind, the insurer can give you a "used" oem part. So there is not a whole lot of difference, although most shops would rather install a used oem part than a new aftermarket part. The shop can also get paid for "clean up time" from the insurer if the used part has any old damage. And if a used part cannot be found, then the insurer can deduct depreciation form a new part, but only to the amount of "old damage" that was on your pre accident part.

I'm sure what the Florida law says is that you cannot be "forced" to accept non oem parts. I would doubt that New York says "you have" to use non oem parts. I'm sure the highest priced body shop in your area will say the same.