Is a “betterment charge” legal?

UPDATED: Nov 10, 2011

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Is a “betterment charge” legal?

We were rear-ended and because their were no after market parts available for our car we are being charged a betterment charge of $234.30. Is there anything we can do to make them pay for this charge since the person admitted to police that he was waiving to his friends when he rear-ended us?

Asked on November 10, 2011 under Accident Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A "betterment" charge in the area of replacement of an article is a charge assessed when the item that is being replaced is replaced with something better than what was damaged.

In your situation, the parts placed on your vehicle were deemed superior than those that were replaced (as though they were not damaged). Unfortunately, there is not much you can do unless you do not want to accept the settlement for your damaged vehicle.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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