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  #1  
Old 10-23-2001, 08:09 PM
sijaz
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Insurance company wants to put recycled parts!


California:
Someone rear ended my car (year 2000) and now her insurance company wants to put recycled parts in my car. My car has 10000 miles and I do not want any of these recycled parts in it.
It was not my fault at all and police report supports this, I simply want my car to be back to new condition it was before the accident.
What are my legal options here?
Thanks,
  #2  
Old 10-24-2001, 02:21 PM
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Join Date: Jan 2001
Posts: 12,075
The insurance company in only required to bring your car back to its preaccident condition, not new condition. If that means using parts that have 10,000 mile on them already, that is what they can do. Besides, that way you know you are getting original manufacturer parts, not cheap foriegn parts that do not fit very good.
  #3  
Old 10-24-2001, 03:05 PM
sijaz
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I agree and I am not asking exactly for brand new part but I am asking for replacement part from Mercedes.
How about the rental car, are they not suppose to provide a comparable rental car? So, if I had Mercedes am I not entitled to rent a Mercedes until the car is repaired and brought back to the preaccident condition?
Thanks in advance for your reply.
  #4  
Old 10-24-2001, 04:11 PM
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Join Date: Jan 2001
Posts: 12,075
Your replacement parts will be made by Mercedes. As for your rental car, they only have to supply you with basic transportation, not the same car you normally drive.
  #5  
Old 10-24-2001, 04:11 PM
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Join Date: Jun 2000
Location: Somnambulist University
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You are "entitled" to the following:

1) Equivalent parts. This means that your used car, could have used ('recycled') parts.
2) Your existing car may be a Mercedes or a Ferrari, it is still 'transportation'. You don't have a right to 'equivalent' transportation unless required for another reason (pickup for work could require a pickup for replacement, etc.).

However, there are specific state requirements for the use of these 'used' or aftermarket parts:
"State Law requires that the use of aftermarket parts must be identified on the repair invoice. Some automobile body replacement parts are equal, better, or worse than Original Equipment Manufactured (OEM) parts. Consumers should take note of the following:
(1) Check your invoice. State law requires that the type of automobile parts used in repairs must be identified on the repair invoice. Consumers should carefully check their invoice to ensure that the automobile body shop has identified each automobile part as being one of the following: new, used, reconditioned, rebuilt, or an OEM crash part, or a non-OEM aftermarket crash part.
(2) Insurance companies are required under the Fair Claims Settlement Practices Regulations to warrant that replacement parts are of like kind, quality, safety, fit, and performance as that of original equipment manufacturer replacement crash parts."

More can be found at: [url]http://www.insurance.ca.gov/EXECUTIVE/AutoReplaceParts.htm[/url]
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