Legal Question in Insurance Law in California

How do I get the insurance company to pay all damages?

I was hit in an auto accident, and not at fault. I was injured in the accident and my new 4runner sustained moderate damage. My insurance will pay for damages but after reviewing the estimate i realized that it includes aftermarket parts and some bondo to fix some of the dents. Am I entitled to get oem parts in my car again? and will the insurance company also pay hidden damages that the shop finds?


Asked on 3/31/04, 2:00 am

2 Answers from Attorneys

Steven Murray Steven W. Murray, APC

Re: How do I get the insurance company to pay all damages?

You should have your own selected body shop inspect the vehicle to tell you exactly what you need to have the right repairs done. The insurer cannot tell you where to go, nor use less than original equipment unless it complies with Sec. 2695.8(j) of the Unfair Claims Regulations. Let your lawyer handle the details.

Your own repairman can tell you what is best for your car and go from there. Let him/her negotiate with the insurer.

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Answered on 4/05/04, 8:00 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: How do I get the insurance company to pay all damages?

The lawyer who is handling your injury claim should be able to go to bat for you.

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Answered on 4/05/04, 4:40 pm


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