New part depreciation?

My 2001 Chrysler Town & Country Van slid off the road on New Year's Day, and the underside of the car had some damage from a boulder that it rolled over. There were no other cars involved in this accident.

My question involves the drive shaft. The appraiser from the insurance company found a used drive shaft for my vehicle from a junk yard, but it did not fit my car. I have an AWD, and the part he found was for a Caravan, not a Town & Country.

My mechanic and the appraiser both tried to find another used part, but could not. The insurance adjuster gave the OK for my mechanic to get a new drive shaft, but he says he will pay only 75% of the cost because the car is used and the new drive shaft is increasing the value of the car.

My mechanic told me that the drive shaft usually outlives the car, so I don't see the point of his argument.

My van needs a drive shaft, new or used, to run in AWD. A used part was not available, so why don't they pay for the new part?

I feel I should only be responsible for my deductible and no more. Do I have a chance in this argument?


Answer:


Hello,

You are right on the money. They must find a replacement part for you. If they cannot, then they must pay for a new one.

If you read your policy, there is no discussion over new or old parts. They agree to fix the vehicle and to put you back on the position you were. They can fix the vehicle by using a proper used drive shaft. If they cannot, they must still put you back on the position you were and they must pay for a new one.

You are not asking for a new one. You are asking for your car to be fixed as they have agreed in the insurance policy. If they cannot do that with a proper part, then that is on the risk they took by writing the policy.

Consult an attorney for more. Please see: http://www.auto-insurance-claim-advice.com/find-a-lawyer.html


Good Luck,
http://www.auto-insurance-claim-advice.com