Expert: Richard Hixenbaugh - 11/9/2010

Question
I was rear-ended by an All-State driver in Florida.  My car is a 2006 Toyota Avalon with 60k miles.  Do I have to settle with after market parts instaed of OEM?  Also, do I have any rights to diminished value?  The car was never wrecked in the past and was purchased as a used certified Toyota in 2006 with 19K miles.  It is currently in a out-of-network body shop.

Answer
Hi William,

Unfortunately, if a vehicle is over 1 year old or has over 12,000 miles on it, the insurance company is allowed to use aftermarket parts. However these should only be for lights, radiators, grills and bumper covers. You should not allow any aftermarket sheetmetal. Aftermarket sheet metal is ALWAYS of inferior quality. Thy will usually not fit properly and may have unusual gaps. In some cases they can even cause a safety issue. The insurance company may claim that the aftermarket sheet metal is "certified". But the organization that certifies the parts called CAPA, was created by and funded by insurance companies.

As for diminished value, you are entitled to diminished value, however, with Allstate in Florida, you will likely have to file suit against the at-fault driver. Allstate will deny anything you send them and will try to run you around until you get tired. They try very hard to not pay legitimate claims.

I hope this helps
Richard Hixenbaugh