Legal Question in Insurance Law in Pennsylvania

Unsatisfactory estimate of repair of auto by adjuster

Insurance claims adjuster estimated repair of my auto with used and aftermarket produced parts instead of oem products. It is my preference to have repair done with oem parts, due to the quality, value, and personal confidence in the products. Adjuster insists this is standard procedure and will not revise estimate to pay for it - what can I do?


Asked on 3/20/98, 10:57 am

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

users parts in car repair

There's a specific section of the PA insurance code dealing with this. And unfortunately I just lost a class action against ALlstate which argued that the particular language of the Allstate policy required them to pay for new parts.

The code provision basically says that if used parts are specified, the estimate should say where they can be found. If you want new parts, then the adjuster should give you the option of paying the difference. The idea is that you're entitled to have the car put in the pre-accident condition, but not better than it was. As if!! (that might really happen).

Call my office if you'd like more info about these regs.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

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Answered on 4/02/98, 12:23 pm


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