hit head on

What is the name of your state? fl, but we had a motorcycle cross the center line and hit us head on in GA, they towed the vehicle(2005 dodge quad cab) to NC. The Insurance company took 5 days to determine they were at fault, now the want to fix what they want toon my truck with used or aftermarket parst or repair the ones on the vehicle. Also they do not want to complete all the repairs to the vehicle. Adjuster said we should of maintained better control of the vehicle and not went off the road on the passengers side. The operator of the motorcycle was racing someone esle and lost control and hit us in the drivers side steering tire. He took out the head light, bumper, wheel, tire and the front drivers door, part of the hood,rear door, the is a dent on the back bumper where a piece of the bike was run over and the passenger rear side where another piece was run over. There are scratches on the right side from the tree line on the guard rail of the road. Can they determine what they want to fix and what they don't? Can they use used or aftermart parts and want that just lower the value of my truck that will cause problems later?

jimmk said:

Can they determine what they want to fix and what they don't?

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Sometimes. If you feel they are not fixing everything that was damaged in the accident, turn down the offer and sue the motorcycle rider. Or file a claim with your insurance company, you might get a better offer.

jimmk said:

Can they use used or aftermart parts and want that just lower the value of my truck that will cause problems later?

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Did your truck have brand new (less than 30 days old) parts or were the parts on your truck used? The insurance company only has to return your vehicle to it's preaccident condition, they do not have to make it better by using new parts.

was purchased new never, been wrecked or even been scratced

jimmk said:

was purchased new never, been wrecked or even been scratced

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Not relevant. You have a USED vehicle with used parts on it. The insurance company is only required to make you 'whole' (meaning back to the position you WERE in at the time). They do not have to make you better by providing NEW parts.
And yes, you can try to sue the other driver... but that seldom works since you will be facing an experienced attorney in court trying to fight a battle that you already can't win.

JETX said:

Not relevant. You have a USED vehicle with used parts on it. The insurance company is only required to make you 'whole' (meaning back to the position you WERE in at the time). They do not have to make you better by providing NEW parts.
And yes, you can try to sue the other driver... but that seldom works since you will be facing an experienced attorney in court trying to fight a battle that you already can't win.

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What about diminished value? This accident occurred in Georgia and the Georgia supreme court back in 2001 ruled that insurers have to pay diminished value claims on auto accidents.

Then ask for diminished value.

Mister Darcy said:

What about diminished value? This accident occurred in Georgia and the Georgia supreme court back in 2001 ruled that insurers have to pay diminished value claims on auto accidents.

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A claim for diminished value is not set by where the accident happened... but the state where the policyholder lives.

And though Georgia has ruled favorably on diminished value claims(State Farm Mutual Automobile Insurance Co. v. Mabry, 274 Ga. 498, 556 S.E.2d 114), Florida has not:
The Florida Supreme Court, in Siegle v. Progressive Consumers Insurance Co., 819 So.2d 732 (Fla. 05/23/2002) found that an automobile collision policy which provides that the insurer must repair or replace the damaged vehicle “with other of like kind and quality” does not obligate the insurer “to compensate the insured in money for any diminution in market value after the insurer completes a first-rate repair which returns the vehicle to its pre-accident level of performance, appearance, and function.”