CouldI win a small claims case against an insurance company to repair my car with original equipment parts instead of used/aftermarket parts?

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CouldI win a small claims case against an insurance company to repair my car with original equipment parts instead of used/aftermarket parts?

My car was hit by another driver who’s insurance company refuses to pay for new parts from the car’s manufacturer. The car is less than 4 years old, always garaged and in excellent condition. Their policy is used, then aftermarket/reconditioned then if all else fails original equipment.

Asked on January 17, 2012 under Accident Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether you end up winning or losing the intended lawsuit that you want to bring against your insurance carrier regarding paying for brand new parts versus used parts for your vehicle that was involved in an accident depends upon how well you present your evidence supporting your claim at trial.

Key will be for you to have a mechanic expert testify that custom and practice in auto repair matters that brand new parts as opposed to used or refurbished parts are installed post accident.


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