Legal Question in Insurance Law in California
Who's to pay?
Hi, I got into a car accident, but nothing serious happened to me. I took my car to an Auto body shop that they have suggested to me which I just went along to aviod any hassle. Now the Insurance company said that they will only pay half of the damaged exhaust/muffler because of the so called "embetterment"( I don't know if I got the right spelling). They said that I have to pay the other half. Aren't they supposed to pay for everything that was damaged even if the damaged parts are not new? What should I do? Thank you.
2 Answers from Attorneys
Re: Who's to pay?
Certain parts such as tires, mufflers, batteries and the like have limited useable lives. The insurance company is only responsible to repair the car to the same condition as it was in just before the accident. So if you had high mileage on the muffler you may be responsilbe for a percentage of the costs of the parts. You can usually negotiate with the adjuster to assure that you only pay for a percentage of tne costs of these types of parts. If you can not agree on a percentage your policy usually contains a provision or clause settng forth how you and the company can resolve the dispute. The term is "betterment" and the adjuster is right, at least in theory.
Re: Who's to pay?
It depends on what your policy says. Some policies require the insurance company to pay replacement value, in which case the insurance company should pick up the whole tab. Other policies require a discount for old, worn parts. If you would like me to take a look at your policy, please let me know.
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