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Old 08-03-2016, 07:16 PM
ard ard is offline
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Location: Sierra Foothills, California
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Quote:
Originally Posted by Chineywhale View Post
Spoke to adjuster today. They told me they are allowed to use aftermarket parts if available. I told her my concerns about aftermarket parts and she said I'd have to discuss it wit the appraiser.
Sigh. You are not controlling the situation...


This is the adjuster for the other parties insurance? What is in their policy with their insured has no bearing on what you are required to accept from the person that hit you.

(Caveat- I am not sure how GA/MA law works in terms of insurance laws modifying legal liability questions)

How I would handle: They are liable to the damage their insured caused. Their insured hit your car with original BMW parts- hence they will be paying for original BMW parts. Period. You will be having the work done at XYZ. They have had the opportunity to inspect the car. You are done with them. you will pay the bill and present them with the final repair amount. there is no requirement that you allow them to be involved with any aspect of the work. Should they refuse to pay the claim once the repair is done, you will sue the insured. (not them, you will sue the other driver!) This is hardball. we can do this the easy way, or the hard way- they chose.

Or you can just talk to the adjuster and the claims people and let them control the process. this is how it works, when you ask them for permissions and pre-approvals, they know they have you.

You should also research Diminished Value in Georgia.
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