Legal Question in Personal Injury in California
My wife was involved in an automoblie accident where she hit a BBQ that fell off the back of a Home Depot truck. Home Depot has admitted fault, but is now pressuring us to settle. Attached is a resent e-mail from their representative. We are asking for OEM replacement parts, and Home Depot is contesting. Do we have the right to require Home Depot to make repairs to our 2005 Sienna with OEM replacement parts.
Sincerely
Merrilee
Merrilee,
Due to the fact that this is an older vehicle the agreed price that PDA obtained with your body shop in the amount of $2524.54 would stand along with the rental giving you a Grand total of $3239.54. These are quality replacement parts the shop would be installing. We are only responsible and obligated for putting your vehicle back the way it was before the accident and that does not include using factory brand parts. If you would like to pay the difference yourself for brand new factory brand parts that is up to you and you can work that out with your repair show or you have the option to go through your personal insurance carrier to get the vehicle repaired. We would like to get this resolved with you as soon as possible and would like to ask you please send signed release back to us if you accept our offer so we can get your check right out or let us know by phone or email tomorrow between the hours of 10:00 AM-7:00PM (EST) that you are not accepting the offer. Please note this is the final offer based on our Independent Adjuster�s Report.
Sincerely,
Martin Roberts | Claims Examiner I - Liability
Sedgwick Claims Management Services, Inc.
Direct 800-253-4527 x83517 | Fax 770-901-3310
Email [email protected]
1 Answer from Attorneys
You can attempt to argue with the insurance company that if you sell the vehicle you are required to reveal it was involved in an accident and that a potential buyer would pay less money when told gray market parts or non-OEM parts were used, since most people consider those parts to be inferior. It does not matter whether they are inferior, what matters is the effect upon the resale value of the vehicle, which is lower if OEM parts not used.
I am not sure if there is any case law on the issue. I will do a quick search to see if there is and tell you if i can find anything.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
