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Auto Insurance Claims/3rd party claim and refusal of new parts

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Question
I was rear-ended by another motorist. Her insurance company is refusing to put new parts on my car as I've requested (my car only 2 years old). Their estimate is well below my estimates. They claim they are not "obligated" to put new parts on my car but refuse to send this to me in writing. Can they deny me new parts? and where do I go from here?

Answer
Hi Tara,
The insurance company is only obligated to repair the sheet metal damage with 'like kind and quality'.  By using 2 year old parts, which cost about 1/3 of new, this can be accomplished and no one will be able to look at your car and determine that it was repaired with used parts.
They are only required to use brand new original manufacturer parts for any mechanical repairs so as not to void your warranty.
Since your car is only two years old, your own insurance company MAY be willing to use brand new parts.  You should consider having them repair your car, less your deductible,
they will then follow through and collect the full amount from the adverse company and reimburse your deductible.
I hope this has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 12-20-07 1:02 PM PST

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Bennie719

Expertise

I have extensive knowledge in Personal Auto, Homeowners Insurance and Personal Umbrella coverage. I am also thoroughly familiar with claims handeling procedures. Will answer questions related to the above.

Experience

Experience in the area: Served as an expert at askme.com from 7/2000 thru 10/2002 in the catagories of general insurance, auto and home insurance. Answered 422 questions before that site closed. Licensed in California since 1961, first in Life and Health for 2 + years and as a Property/Casualty Agent/Broker since 1964. I sold my business and took early retirement in 1998. Still maintain a valid California Property/Casualty Agent/Broker license. I have been a volunteer at allexperts.com since 2002. I can provide assistance in the following fields: Property and Casualty Insurance, Insurance Law, Auto Insurance Claims.

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