Q: Can I sue an at fault driver's insurance for new parts?
I was hit by another driver. The dealership will only honor my lease if it is repaired there. The other driver's insurance is saying they will only pay for aftermarket parts, and not the new ones the dealership will use. Can I sue them for the difference?
A: Ask the dealer for the lease language that says you must repair the vehicle at its shop. If that is indeed a requirement, then get it fixed there. If the other driver's insurance won't pay, sue in Small Claims court. You cannot be forced to purchase aftermarket parts, regardless of its policy and regardless of your lease language. You are entitled to get your car fixed at any body shop. Whether a Small Claims judge will award you damages based upon the cost of new parts or aftermarket is unknown, but you would probably get the full value of the repair, up to policy limits.
A:
In other states --like Pennsylvania--they only have to pay for new parts for certain systems--brake, steering components etc--they can use "A-1" graded used parts for body panels etc. To the extent the lease disagrees you may need to sue both. However if you sue the other driver for your car fixing your injury claim may be in jeopardy.
Contact a member of CAOC to discuss your injury claim and how to pursue it.
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