If I was hit and the rim of my tire was damaged but the rim is no longer made, what are my rights to be made whole by having 4 matching wheels?

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If I was hit and the rim of my tire was damaged but the rim is no longer made, what are my rights to be made whole by having 4 matching wheels?

I was in an accident. A fellow hit my car while he was backing out of a parking spot. Clearly his fault. That is not the issue. He dented my fender and door plus he ruined my wheel, which is an aftermarket rim. The auto body shop called and informed me that the rim has been discontinued and has been out of production for some time. I had four matching wheels before the insurance company’s client hit me. Is it reasonable to expect that after the car is fixed that I should have 4 matching wheels? Being that the wheel is nowhere to be found (even used; nothing on ebay, craigslist, or through the manufacturer), is it prudent to expect that the insurance company finance the purchase of 4 new comparable rims?

Asked on January 9, 2013 under Accident Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No unfortunately I do not think that that will happen.  Although theoretically you are to be made whole again, that does not mean that the insurance company has to go over and above replacing what was damaged.  Even though you may not like the way it looks aesthetically you can choose to take the money and purchase matching rims.  The value of the rim may be what you need to focus on here.  Good luck.


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