Auto Insurance Claims: 3rd party claim and refusal of new parts, own insurance, mechanical repairs

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