used parts

[nanruanne]

What is the name of your state?What is the name of your state? Oregon

In June my parked 2001 mits. was hit by someone driving to fast on a residential street. Two months later I go and get my suv from the body shop. I took it back to the shop because there were so many things still wrong with it. The insured's insurance estimator has made the body shop put aftermarket parts, and used parts on my car. They put a used wheel on that is nicked and scratched up. He is saying "if I took a magnifying glass to the other wheels on the car, i'm sure i'd find scratches." He is also not allowing the tires to be replaced, where they are "cosmeticly damaged." I am trying to find out what rights I have to make them replace my tires, which were practically new tires, and replace my wheels with ones that are not all nicked up. I would also like to know what the laws are regarding using used parts which are not cosmetic parts.

[volvoxc70]

New Hampshire

Research your state laws with regards to the requirements of when to use original OEM vs. after-market parts. My state has some requirements. Additionally, it appears from the facts of your case, that you are entitled to restoring your car to pre-loss condition (you are requiring the party who caused the accident to pay for damages and not claiming the loss through your insurance company (subrogation)) versus reasonable repairs. You should take full advantage of the respective tort law right and privileges with respect to your accident.