Is a “betterment charge” legal?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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