Expert: Doctor Settlement - 6/7/2006

Question
hi i have full coverge insurnace with state farm in chicago illinois  my car was in accident my foult  now they will pay for the damages on my car  but only to use aftermaket parts can i do something to make them pay for orginal volvo parts they say i can use orginl parts but i have to pay the diference between aftermarket and  orginal volvo parts  .dont they have to repair the car as it was before the accident  to same condition with orignal volvo parts and the car will loose value with aftermaket parts   if you can tell what to do or to say that can help please do so ?
? thank you  

Answer

Dear Enes,

Yes, you are partially right; the company DOES have an obligation to repair the car to pre-accident condition.  Now, most people assume that means original parts, but guess what: if your car was any older than a couple of years, your car does not get original parts.

Here, let's see if this makes sense to you if we look at it from the perspective of the other side.  What if your Volvo was a 1996 car in excellent condition?  There is no way you are entitled to new Volvo parts.  That would be an UPGRADE for your car.  You might think that a used Volvo part is better than a new after market part.  But no one is going to want to put used parts in a vehicle if they have to stand behind the work.

If you insist on having used Volvo parts, I guess you might be able to persuade the adjuster to do that, but if I were the auto body shop owner, I would refuse because I would not know how much life was left in those used parts, and I would not want to have to re-do the work or be otherwise responsible should the parts fail.

So, if your car was pretty new (less than 24 months), push for the Original Manufacturer's Equipment (OEM) parts.  Otherwise, you are not entitled to them, and after market new parts will be the order of the day.

Best Wishes,

Dr. Settlement, J.D.
Http://www.SettlementCentral.Com