Auto claim - Betterment and delay by insurance company

[footballfan_gb]

Hi I live in Illinois. My girlfriend was driving my car and had a small parking accident while parking in reverse where it damaged my car. Specifically it damaged some part called "front cross pipe" and the dealership and Midas said it needs to be replaced. I have comprehensive and collision insurance on my car.

My insurance company is causing me problems and delaying the process and is talking about applying betterment. The estimate was for 1400 and they are saying if betterment is applied they don't need to pay the whole damage and will discount for depreciation or they will use aftermarket parts to repair (which I don't prefer). Can you please tell me what to do? Any suggestions? Is there any way hiring an attorney will help or using any small claims courts will help?

I will appreciate any response as I am very new in dealing with insurance and am very frustrated about the process. I have been with this insurance company for 5 years and have never submitted a claim

[racer72]

You don't say how old your car is but I will give an example. If your car is 10 years old, the damaged part is also 10 years old. The insurance company is only required to put the car back the way it was pre accident. That means replacing the 10 year old part with another 10 year old part or an aftermarket part of near the value of a used part. You appear to feel the insurance company should pay for a new part and they are telling you if that's what you want, you have to pay your fair share. That is betterment. Now please explain why you think the insurance company should improve what you had pre accident.

[footballfan_gb]

My car is 1999 Toyota. I bought a used and certified car in 2001. My argument is since I am paying insurance, if they truly just want to keep the car in the same condition, they should get me a part that matches the condition and is as old as what I had before. Don't you think?

Why should I pay the difference to get my car repaired? I think this is all totally screwed up

[BelizeBreeze]

Originally Posted by footballfan_gb

My car is 1999 Toyota. I bought a used and certified car in 2001. My argument is since I am paying insurance, if they truly just want to keep the car in the same condition, they should get me a part that matches the condition and is as old as what I had before. Don't you think?

Why should I pay the difference to get my car repaired? I think this is all totally screwed up

So you would have them place a manufacturer's original replacement part on a car that is 8 years old? Not a chance. Your insurance company has given you a choice. Either have the replacement part put on professionally or settle for less.

You don't have much choice in the matter.

[footballfan_gb]

Belize,

They are not offering me to put on a replacement Toyota part that might be old but they are offering me an aftermarket part thats not made by Toyota. I don't think its fair to do that since I had a Toyota part originally

[moburkes]

Aftermarket parts are legal in just about every state. They are NOT required to replace your part with a Toyota part. That is written right into your insurance contract that you agreed to when you signed up for insurance. Can you imagine how long it will take them to find a used Toyota part to fit your vehicle?

[ecmst12]

You can certainly ASK the shop if they can find a used Toyota part for a similar price to a new aftermarket part....but you might be better off with the new aftermarket part, too. Otherwise, I'll just agree with everyone else, they are only required to repair the car to the pre-accident condition, not BETTER then the pre-accident condition.

[You Are Guilty]

I find it difficult to fathom that this is the biggest issue in a person's life. You're this worried about an aftermarket pipe not being as "good" as a Toyota pipe? Is the steel in Toyota's pipes that much better than anywhere else on the planet? If this is really keeping you awake nights, pay the difference between the insurance company's aftermarket pipe and the Toyota pipe, and have it installed.

Good luck.

[footballfan_gb]

An update. The field adjustor says that he will pay everything at the Toyota dealership less than the deductible. He is asking me to leave the car at the Toyota dealership so that he can take a look. He is only giving me his verbal and not written proof or fax. Should I ask him for fax? Please let me know if I need to be careful on something.

Thanks for everyone's comments so far. It helped me learn about the process

[moburkes]

That is normal. If you want it in writing, then ask for it in writing.