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Auto Insurance Claims/Use of LKQ Engine

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Expert: - 7/28/2006


Question
2001 BMW 540i with 108,000 miles.  Car engine suffered water intrusion due to flooded roadway and engine was destroyed.  Insurance adjuster recommended a used engine with 80,000 miles be used to repair vehicle citing it to be like kind and quality.  I want to insist on the use of a new OEM engine.  Difference in price between new and used is about $4000 (used is $6600).  Is this acceptable?

Answer
Dear Thomas,

Like you, I thought my Cadillac could "walk on water" and I got about 200 feet through a deep and long pocket of water before my engine stalled.  UGH!

Fortunately, we just needed repairs, so $1,858 later, I was on my way, and I thanked my comprehensive coverage.  

Here is how your policy works. Your company can pay to repair the engine, or to rebuild it, or to replace it.

BUT of course, you do not get an upgrade.  Since you have 108,000 miles on your original engine, you will not be entitled to a new engine, even if it is non-OEM.  In this case, you want both new AND OEM.  

In this request we find that there is too much of an upgrade.  You are entitled to a like kind and quality, period.  

Sorry to be the messenger of bad news.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com

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27 years of front line plaintiff`s trial lawyer experience in PERSONAL INJURY INSURANCE CLAIMS. Along with other attorneys and insurance adjusters, we have created a website to help injured people settle their own personal injury claims. With the help from feedback from hundreds of satisfied members, www.settlementcentral.com has become THE AUTHORITY for Internet personal injury insurance claim settlements. I am humbled and honored if people can benefit from my experience and current volunteer work in helping injured people. I hope I can explain things in a manner that is useful for the questioner. If not, do not hesitate to e-mail me and I will take a second shot at it! Best Wishes for your physical and financial recovery.

Experience



Life Experience: 27 years of front line plaintiff's trial lawyer experience

Organizations:
American Trial Lawyers Association
Washington State Trial Lawyers Association

Publications: (Click on Title to Read)
Statute of Limitations
Vehicle Accident
Accident--Adjuster
Demand Letters
Policy Limits

Education/Credentials: J.D. (Juris Doctor) 1977

Awards and Honors: I am humbled and honored everytime I am selected to help injured people. And when people give feedback that they have benefited from my experience and current volunteer efforts, then that is a double honor and award for me.
 

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