Betterment Question

[jpritchett81]

What is the name of your state? GA

I was involved in a rear-end accident on 10/6/07. I was not a fault. My car is in the shop now(03 Acura TL). The insurance adjuster from Traveler's(at fault company) tells me they do not have 03 muffler available and they will have to use an 07 muffler(I know doesn't make since...) and advised me that I would be responsible for the difference. Is that true? I would be responsible for betterment? I wasn't at fault.

 

[ecmst12]

Yes, you are responsible for the betterment. A muffler is a wear-item, and the one you will be getting is in better shape then the one you had prior to the accident, so a percentage will be determined to be your responsibility. They probably looked for a used/recycled/salvage muffler (wouldn't necessarily have had to be from 2003) which they would not deduct betterment for, if they had found one, but since no used part was available, they will have to replace it with a new one. Only thing I could suggest would be have your mechanic check on his own to see if he can find a used part for you.

 

[jpritchett81]

Oh ok. When I spoke with the bodyshop. I was told that they did have an 03 part. The whole exaust system has to be replaced due to the damage. Man that's kinda messed up that I have to come out of pocket for anything. Accidents are such an inconvenience

 

[ecmst12]

I think you're getting terms mixed up. The difference is a NEW muffler vs a USED muffler, not the year. Any muffler would have to be for an 03 Acura, not an 07 Acura. If you get your used, damaged muffler replaced with a NEW muffler, then you have to cover some of that cost since it wasn't new before the accident.

 

[jpritchett81]

Oh ok. Thank you for taking the time to answer my questions promptly

 

[FlyingRon]

Make sure they only prorate the muffler itself.
Make sure the also use some realistic life span number. I don't know what Acura factory parts claim but we're premium after market stuff in the range of 9 years or so.

 

[jpritchett81]

Thank you FlyingRon. I double checked the sheet. They only did a 20% betterment on the muffler. I wanted to make sure that's the only betterment they decided to put down. I'm also going to ask for diminished value. Hopefully I won't have any issues with that.

 

[ecmst12]

Hard to argue DV if your car is actually in 20% better shape now then before the accident But good luck, it never hurts to ask!

 

[jpritchett81]

Only the muffler has a 20% betterment on it. The muffler is 235.00. The rest of the damages are almost 9k. They have to change the entire exhaust system and floor pan. Will that make a difference?

 

[moburkes]

I only see where, in GA, insurance companies are required to account for diminshed value when the insurance company is YOUR insurance company. But, it doesn't hurt to ask.