Expert: Richard Hixenbaugh - 1/23/2011

Question
My son hit a building last march, we had progressive insurance at the time.  We had a local chevy dealer pick the car up since it is a 2006 chevy equinox.  got a call a couple days later and was told the estimate was $9300, we owed about $12000 on it at the time and asked why it was not being considered a total loss he said it was not a high enough claim.  well after we got the car back things started to go wrong, wheel liners fell out, a/c does not work like it did, etc.  it has been back to the dealer times and is still not right.  I have found out that progressive told them to use a majority of aftermarket parts on the car and did this without my knowledge, is this legal, I mean it is my car I am paying for it?  We have tried to trade this car in and was told trade in on it was $2600 because of the accident and we owe $8500 on it still  need legal help on what I can/should do if anything.  Thank you
William C

Answer
Hi William,

In most states, an insurance company can specify the use of after market parts as long as the vehicle is over 12 months old or has over 12,000 miles. Most after market parts are junk made in Tiwan. They are only used because they are cheep and save the insurance company money.

In most cases ther is not much you can do. You may want to seek the advice of a local attorney. You will need to find one that is very agressive and is willing to take the case to court. You must be prepared to incur expenses for experts, court expenses and others.

I am not an attorney, but I thing the best approach would be breach of contract. Your policy/contract states that they will repair your vehicle. It it obviously not repaired to pre-accident condition.

I hope this helps
Richard Hixenbaugh