Expert: Richard Hixenbaugh - 6/27/2011

Question
I was hit by a New York City Taxicab who tried to make a right turn and hit my front left bumper because he had no room to pass.  I was stopped in traffic.  I filed a claim with their insurance company, American Transit Insurance Co, and the taxicab driver said on the police report and to his insurance company that I crossed into his lane and hit him.  Now American transit, after 28 days offered 50% of my repair using Aftermarket parts rather than 100% using OEM parts.  Is there any way to try to get 100% of OEM short of going to small claims court?  This all happened in New York with New Yrok Insurance.  (I did nto go through my insurance)

Answer
Hi Michael,

The only thing you can do is to argue. However, unless you have independent witnessess that would come to court, you are not likely to get a much better outcome in court. If you have collision coverage, you could place the claim with your insurance company. That way your loss will be limited to your deductible. Then your company will pursue reimbursement from the other company.

In most states, if your car is over 1 year old or has over 12,000 miles they are allowed to specify the use of aftermarket parts. It's not good, It's not right, but it is they way it is. The insurance companies own the politicians and get the laws passed that favor them.

Do not agree to or sign anything until your vehicle is repaired. Once your car is in the body shop, they will likely find more damage that will cost more. If you sign a release form the other insurance company can refuse to pay for the additionl work.

I hope this helps
Richard Hixenbaugh