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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14503
Experience:  15 years exp all aspects of general law
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hi. my daughter was in a hit and run accident. while police

Customer Question

hi. my daughter was in a hit and run accident. while police and my insurance company is trying to find this person, metropolitain - my insurance company - is going to repair our car. they want to use non oem parts on some parts and repair others. although it is a 2009 hybrid camry, we bought it new last august. the adjustor gave side the car was in good condition and it did not have a scratch on it nor a smudge on anything in the interior. is there anything i can do about this unfair assessment of my vehicle? do i have to except non oem parts? should they have to replace the sprung trung and buckled fenders? does this contribute to diminished value? we live in louisiana. d
Submitted: 4 years ago.
Category: Legal
Expert:  Legalease replied 4 years ago.

Unfortunately, state insurance laws permit the insurance company to use non manufacturer's parts and repair certain portions of damaged vehicles to the extent that they can do so and such replacement will not interfere with the operation of the vehicle when it is repaired. That is how they keep costs down. If you can get a repair center to certify that certain parts must be replaced with manufacturer's parts for some reason, then the insurer must pay for them -- otherwise, you can take it to another shop and have it repaired with manufacturer's parts as you believe that it should be repaired, but they will only pay up to the price of the substitute parts that they are permitted to authorize for use on your daughter's car. They should have to replace the trunk and fenders though, if these were damaged in the accident.

 

Regarding "diminished value" -- the law and the insurance industry do not recognize diminished value -- if the car is repaired, looks good and runs fine, then you will be able to sell it or trade it in for the book value on that vehicle and you are under no obligation to disclose that it was in an accident to any potential purchaser or dealer that she trades it in to at a later date.

 

I absolutely agree with you that it stinks -- but it is perfectly legal. I have been on the receiving end of this kind of treatment from insurance companies myself and they will not do anything more than they are required to do under the law. I wish I had better news for you here, but I don't.

 

Good luck with your daughter's condition.

 

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Customer: replied 4 years ago.
mary,
i read a bit before emailing for information. i guess i wanted you to confirm what i read. i believe there are a few states - louisiana being one - that what you stated did not apply. the date on the information was 2007. i know things change - but should you double check to see if your information applies to louisiana. the information stated that louisiana upheld diminished value but it was dated 2007. thank you for patience. d
Expert:  Legalease replied 4 years ago.

The states where diminished value language cannot be used in an insurance policy are Georgia, Hawaii, Kansas and Maryland. The language prohibiting a diminished value claim is in your insurance policy -- and is permitted in Lousiana. If the police are successful in locating the other driver and you can make a claim against that driver then you probably can bring a diminished value claim against that drivers insurance company because neither you nor your daughter have a direct contract with that insurer. Here is a recent article from the insurance industry on the subject: http://www.insure.com/car-insurance/diminished-car-value.html

 

Trust me, if there is a way around something, the insurance industry will find it. You should check your/her policy, however, just on the off chance that language excluding diminished value claims is not in the policy.

 

--Mary

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14503
Experience: 15 years exp all aspects of general law
Legalease and 9 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
thank you for your help. i am not unintelligent, i have some reading difficulties. the article you sent, is the article i read before consulting with you. i misunderstood what i read. when i speak with the insurance company tomorrow, i wanted to be correct in my expectations.
the car is in excellent condition, not good condition. if you knew me, you would know that to be very true. the plates on the car that did this, has an address from a very very bad part of new orleans. the four men that tried to stop him told my daughter that he looked like someone she was better off to not meet. people in new orleans don't testify against victimizers because they get killed. this person has access to my address - so tonight, i am thinking about moving. d
Expert:  Legalease replied 4 years ago.
Good Luck

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