QuestionI was in an accident, not my fault. What are my rights as for having my car repaired by the other persons insurance company. Do I have to settle for after market parts or used body parts. Any other information would be great. My car is a 2002.
AnswerDean,
Thank you for your question. Let me begin by letting you know that I am not an attorney and no longer a licensed claims adjuster and while I will gladly share my knowledge I cannot and am not providing you legal advice. With that said;
It’s important that you first understand the relationship of the insurers so you know what to expect and know what your rights are so you can protect and assert them and not forfeit them.
If you have full coverage (collision coverage) you may seek repair under your policy with your insurer which provides you certain rights under the provisions of your contract with them. You may have to pay your collision deductible but can either request reimbursement from the at-fault party or await your insurer to recover them from the at-fault party through subrogation and reimburse you at a later date when they recover their expense.
As the victim of another’s negligence, you also have the right to seek recovery from the at-fault party directly and if they have insurance you can, if you wish, allow them to take care of your damages… but remember that it is actually the at-fault party who owes for your damages...not their insurer. Their insurer owes the at-fault party, under the terms of their policy to safeguard/protect the at-fault party from loss related claims from others up to the amount (limits of liability) of the property damage (PD) coverage purchased and afforded.
You, being the victim of the at-fault party's negligence, have a right to seek recovery of your damages from the at-fault party and have every right to be "made whole" and be put back in the same condition you were before the loss...no better, but no worse! They refer to this as being "indemnified" or "made whole". Aftermarket parts do not restore a vehicle to pre-loss condition and may leave the vehicel unsafe in terms of performance.
This simply means that if your vehicle had factory (original equipment manufacturer OEM) parts, you'd be entitled to factory replacement parts whether new, or used parts of which are in the same condition yours were prior to the loss.
The problem with used/salvaged/junk-yard parts is you won't know their history of use, mileage, abuse, prior damages, prior refinishing, if salt water flooded or if previously replaced with aftermarket (non-original manufacturer parts) etc.
You may hear the at-fault party's insurer tell you what their “policy” is regarding replacement parts and repairs but you don’t need adhere to their "policy" as it is their insured who has the policy/contract with them… not you. You are merely allowing the insurer to act on their insured’s behalf and if they fail to do so properly you may seek recovery directly against the at-fault party direct or, if you have coverage, through your own insurer under the terms of your policy.
Additionally; you are entitled to “loss of use’ in payment or by way of a rental vehicle while your vehicle is under repair. You will also be entitled to recover any other economic damages including, but not limited to loss (diminished) value you may suffer resulting from this loss.
As confusing as it may appear, it’s really very simple. I hope this helps in some way.
If I can assist further feel free to contact me herein or see tghe FAQ' at our website www.AutoDamageExperts.com
