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

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Posted by BigDog on October 09, 1999 at 19:59:13:

In Reply to: Re: Insurance not paying up! help! posted by vdphb on October 09, 1999 at 19:15:14:

: 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.

I agree with everything you said but with one extra condition. While it is true that any body shop can be chosen, that does not obligate the insurance company to pay more for the repair (at the chosen shop) than the average price that other shops would charge. For example, suppose that you have four body shops in your town. Three of them want $2000 for the repair and one wants $3000. You can take the car to the $3000 shop if you want but the insurance company is within their rights to only pay $2000 and have you pay the extra $1000.

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