QuestionI was hit by another car, and the muffler needs replaced. His insurance company told me that I have to pay for the muffler because it is new, and mine has miles on it. What are my legal rights? Am I able to insist that they find a muffler with similar milage on it? It seems unfair that I need to pay for an accident I didn't cause.
AnswerHello,
On the question of betterment, you have not got a new muffler on the car as you agree and in essence you would technically be ahead of being made whole, however you are correct in which a used muffler with the same approximate usage or after market is and equal replacement. If the car is less than 2 years old, there in no betterment.
No, if the accident is not your fault, you should not be responsible for the cost of the muffler.
You did not state if the engine was quiet or the car was drivable. I would contact the insurance company and see what their intention is. If they are being jerks about it, take them to small claims court and while you are at it, complain to the state regulating agency for auto insurance. They figure they can get away with this. I would say not!
The purpose for court is to be made whole, not better, not worse.
Good Luck!
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