Legal Question in Insurance Law in New York

A guy hit my brand new 2016 vehicle (had less than 5,000 miles on it) and was determined to be 100% at fault. His insurance is saying that aftermarket parts must be used on my car instead of OEM parts per their policy. According to the guy's insurance company-Liberty Mutual-the required repair to "pre-loss condition" is satisfied by using aftermarket parts and that is all that they have to do. Is this correct? Using aftermarket parts will void some of the bumper to bumper warranty that I have with the manufacturer of the vehicle (Nissan). What is the insurance company required to do in New York?


Asked on 10/21/16, 12:56 am

2 Answers from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Liberty Mutual has to pay for the original parts. Their contract is with their insured, not you. Insist on the original parts; and why are you not going through your own insurance company? Let them handle it. The accident is already on your records; no sense dealing with this on your own.

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Answered on 10/21/16, 3:51 am
David Slater David P. Slater, Esq.

Mr. Kashanian is correct. Your insurance company will then seek full reimbursement from Liberty Mutual. This should not effect your premiums.

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Answered on 10/21/16, 5:27 am


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