After a collision that was not my fault, other insurance wants to fix my car

[avs1003]

with used parts, is that legal? I was involved in an accident where someone else rear-ended me. She already claimed fault and I had the car estimated at the car insurance company's only body shop (which they own). They estimated the damage with used parts from a really bad company. Other body shops have told me that it is the law they must replace the car with new (or better) parts since I was not at fault. Is this true? Is there anyway I can force the insurance company to pay? (This was in the state of Florida if that matters).
My car is a 2001 Honda Civic with about 92,000 miles on it. The issue is that the body shop I took it to says they can only use the parts that the insurance adjuster quoted, so they have to use the parts the insurance company wants them to regardless of how low quality they are. I guess if they are really low quality, they can send it back but then the insurance company will just send another low quality bumper to them.

 

[jtexas]

You are *NOT* required to use the insurance company's body shop.

Call the adjuster, tell him or her that you aren't satisfied with that body shop, or with the substandard parts they offered.

My last wreck, the body shop guy (Ford dealer) offered me a used bumper in like new condition, with the same warranty as a new bumper, which kept the repair cost below the value of the car. Had I insisted on new parts, the car woulda been totalled. Since I wanted to keep the car (it's paid for!), I accepted.

 

[mamaflutey]

No there is no way to force the insurance company to do anything.

They are an insurance company not required to do much but take your money.

sorry!

 

[Scott H]

The parts on your vehicle that were damaged were used, weren't they? The insurance company is obligated to repair your vehicle to the condition it was in just before the accident, not to make it better. That's called 'unjust enrichment'. Yes, it's legal.

 

[Scott H]

The parts on your vehicle that were damaged were used, weren't they? The insurance company is obligated to repair your vehicle to the condition it was in just before the accident, not to make it better. That's called 'unjust enrichment'. Yes, it's legal.

 

[calipink22]

Insurance companies will only restore your vehicle to it's original condition(before the accident) without loss or gain. Since your vehicle is a 2001 I'm sure there are some dings or dents on the body. The insurance company can use "used parts" if new parts are not available. It's called functional replacement. You can always request to take the car to another shop that you feel more comfortable with. You're not required to use an insurance provided shop. If you would like new parts you can always pay the difference between the new and the used parts. An insurance company is not going to better your investment

 

[MSAD]

The insurance company owes you like kind and quality. That means - they owe you what you had.

Well.....the damaged parts that are being taken off your car are used.

You did not say what year your car is but....if it's a 2007- your car (and all its parts) have been driving around since 2006/2007 when it was first purchased. Prior to the loss, if you were going to take the fender off of your car and sell it on EBay-- would you sell it as a "new" fender or a "used" fender? Since it's been driving around all this time...it's a used fender and you would have to sell it as such.

A used part is an undamaged part from another car. For example - your car gets hit in the back. It has damage to the rear bumper/deck lid/ qt panels/rear lamps. However, it was not pushed into anything so there is no damage to the front of the car. You car is deemed a total loss. When the insurance company settles with you- the insurance company takes possession of the car and sells it at a salvage auction. A parts company buys the car. Joe hits a deer with his car and gets damage (to the front). Joe needs a hood/grille and front bumper. They call the salvage company and the salvage company would sell the hood/grill/front bumper off your total loss car (that had been hit in the back). They would NOT sell the rear damaged parts.

The advantage to getting salvage parts is - 1. They are usually OEM (means named brand). 2. They are sold with all the bolts/screws needed -so you don't have to purchase that stuff in addition. 3. They are cheaper that new OEM parts. Since insurance companies are businesses (not charities) they will pass their losses along to their customers in the form of rate increases. So, by being able to repair the car for a little less- they don't have to raise your rates to make up for it.

Personally, I have put used parts on my own vehicle before.

If you want pay the difference out of pocket and get new parts - you can do that. But the insurance company does not owe you all new OEM parts.

If you have questions- you can get reliable information from your state's insurance department. They can tell you what the insurance company is required to do. Insurance is regulated at the state level- not the federal level. Most insurance departments have a consumer hot line. If there were such a law as to require new OEM parts - the insurance department would know about it.

The body shops are not disinterested parties. They charge a mark up on parts - usually 25%.


Also - just because an adjuster found a used fender at XYZ Salvage Yard - does not mean the shop has to get that fender. If your shop has a salvage yard they prefer to use and that yard has the part for your car-- you shop can call them and order the part from them.

But to answer your question -- no- the insurance company does not owe you all new OEM parts. The fact that you were not at fault for the accident is irrelevant.

Next time you post a question like this-- please let us know the year/make/model and mileage of your vehicle. It helps us to better answer your question.