Auto Insurance Claims: Other guys insurance wont pay for aftermarket UPGRADES, total, loss


Question
Greetings.  I was in a collision here in Denver in January.  The other party blew the red and I hit him.  Both of our vehicles were declared totaled.  My vehicle is (was) a 1990 Toyota V6 Pickup with 192k miles on it.  Their inspector gave it a very good to excellent rating.  His insurance company (USAA) has offered me $5,367 for my truck, which, if it was all stock, I'd be content with.  However, it's not stock.  I've upgraded the suspension with a $1,500 lift package as well as a custom fabricated bumper, that which, if it were to be replaced with an equivalent, would cost roughly $1,300.  

These are major upgrades and very much effect the functionality of the vehicle.  

I've brought this repeatedly to the attention of USAA and they've repeatedly refused to factor these parts into the amount they're willing to pay.  I have consulted two different attorneys and they've both told me that aftermarket upgrades such as these should be compensated for.  Because I have had no luck in getting USAA to pay for them, I've been trying to work it out between myself and their client (who caused the accident).  It's looking like I'll be headed for small claims court to get the additional costs of the upgrades taken care of(minus some depreciation).

I do not have a receipt for the bumper.  It's on the truck (which I have refused to turn over until this is resolved) and I've found comparable mass produced models for price comparison.    
The suspension was added in June of 2009, however it only has 10k miles on it.  According to multiple distributors of the suspension kit, it should last anywhere from 150-200k miles as it's top of the line product.       

So, my ultimate question is if or not I'm on solid ground by requiring these aftermarket upgrades be compensated for.  Without them my vehicle is not complete.  Without them, it seems I'm not being fairly compensated for the property I'm being deprived of.  Will a judge see it the same way?  I realize you're not able to give legal advice necessarily, but based on your observations of similar situations......I'd appreciate your input.   

Thanks in advance.  Much appreciated.

Answer
Jay,

Yes, you are entitled to the value of your damaged property, the same as if you were in small claims court against the other vehicle owner with no insurance. Now if the claim was against YOUR OWN insurer, who you have a policy contract with, and the policy said it only paid for STOCK vehicles, then you could not claim the aftermarket parts.

If you want to know how to handle this without going to court (as well as how to prepare for court), plus all the other stuff you can claim, look at the Table of Contents for the eBook "Total Loss Auto Advice Deluxe" at UClaim.com.

Ron Cercone
http://www.UClaim.com