Question2001 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?
AnswerDear 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
