Legal Question in Insurance Law in California

Auto Accident Repair and Custom Parts Questions

I posted this question on another board but the persons who answered did not know what the law was in California. In the past 4 years I have put over 10K into customizing my car. I was hit by another driver in June, he has assumed full responsibilty and his carrier is paying to fix my car. Some of things that were damage were a custom ''one of a kind'' and irreplaceable headlight and an aftermarket rim. They are saying that they will only replace that 'one' headlight with stock. They were going to replace the rim but found out that the set that I have was discontinued a year ago and we cannot find a replacement so again they are only going to replace the 'one' rim with stock. So in other words when I get my car back it will be mismatched and not as it was before I was hit and if I want everything to match again I have to pay out from my own pocket to replace these items? I don't think this is right and feel the other party should pay for all of this. I asked my own agent and they have never in all of their years come across a situation like this so they had no idea what to tell me. Should his ins co pay to make everything match and in the same condition as it was before or do I have to go after the other party in small claims?


Asked on 8/09/07, 6:04 pm

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Auto Accident Repair and Custom Parts Questions

They should pay to replace the headlight back to what it was. However, for the rims, they should be able to find an used rim that would match. If they cannot, they would owe you for a similar rim. You can push the issue and take them to small claims court.

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Answered on 8/10/07, 11:28 am


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