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Re: Insurance not paying up! help! (archive)

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Posted by vdphb on October 09, 1999 at 19:15:14:

In Reply to: Insurance not paying up! help! posted by Drex on October 09, 1999 at 18:38:23:

Jack,

A few things:

If your insurance carrier is handling this:
As far as the use of parts is concerned, it really depends on your policy. Most insurance companies say that you are entitled to "like kind and quality". This is rather vague wording, but unless your policy specifically states that they will use aftermarket replacements, you ARE entitled to the use of genuine Nissan parts...bear in mind that because they would be new parts, your insurance company may consider that betterment (especially if there was existing damage on the damaged areas). What this means is is that they will subtract the "depriciation" and "use" off the cost of the new parts. As far as the damage to the inner door is concerned, if this was a result of this accident, the ARE obligated to pay to repair it to it's previous condition. Finally, unless it specifically states in so in your policy, you are entitled to take the vehicle wherever you want for repairs (I recommend a Nissan Dealer w/ a body shop or the dealer's referral somewhere).

If the other person's insurance is paying:

You ARE entitled to genuine Nissan parts with a betterment adjustment, a comparable rental car, and to repair the vehicle wherever you'd want. If this is not the case, you are being screwed and no matter what their adjuster says, do not back down...keep us posted.

: Sorry about the cross-post. I just need as much input to this headache as possible.

:
: My sister's car (97 Nissan Sentra) was hit by someone else (his fault). He hit the fender and the right pass. door. The was a police report. The damage is extensive, but mostly sheetmetal. She took it to the local Macco's and their estimate includes a new door, bumper cover, wheel, etc. that totaled to $2790.14 for parts and labor.

: However, the insurance looked at it and said the car doesn't need new parts and wants us to use repainted used parts. Also, they're not paying to fix some parts (like the damaged inner door and alignment) that Macco specified as in need of replacement. They also claim that the car had had pre-accident scratches that they're not accountable for. The estimate came out to be $1362.28, far below Macco's. Lastly, they pointed us to some pretty shady places 40-60 miles away to fix the car.

: My question is what are my rights and what am I entitled to? Can I request only genuine new parts? Can I use the bodyshop I trust? If so, how am I going to fight this? I don't want to hire a lawyer, but do I have a choice? Also, when I get compensated, am I obligated to fix the car or can I use the money for something else (like towards a new car)?

: Thanks for your help,
: Jack




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