Auto Insurance Claims: diminished value and possible total loss, toyota yaris, policy provisions

Question
Good morning Mr. Barone. Last week my girlfriend was hit causing 9,000 in damage to a used 08 Toyota yaris. retail value is aprox 12,000. Cost of repairs were also calculated using new and used parts which is suppose to be legal in Texas. Can we request all new parts? seeing the vehicle only has 12k miles. Also will dealers warrant the vehicle on the repairs that have been done? and would U advise that we get an attorney? Thanks again, Dan

Answer
Daniel,

If you are filing a claim under your girlfriend's first party collision coverage, the terms of the policy apply, in which there may be provisions for the use of non-OEM or salvage parts. If you are filing a third party claim against the at-fault person's insurance, you can demand new OEM parts to be used in the repair. Because you had no contract with the other party's insurance company, their policy provisions have no bearing on your claim.

As for warranty coverage, the Toyota dealer may exclude any system affected by the collision from their warranty. This means that the cooling system may no longer have coverage if new OEM radiator is used, same for A/C components such as the condenser. The body shop may offer a warranty on the repairs, which may fill in for the gaps in the factory warranty.

Charlie