Q: Is it legal for auto insurance companies to put all aftermarket parts on your vehicle, car is still under warranty
My car is still under manufacture warranty and insurance company only approved to pay body shop for aftermarket parts & say I have to pay difference if OEM parts are used
A:
It depends on the terms and conditions of the insurance policy, which are construed against the insurer.
I previously handled a dispute with State Farm under one of its insurance policies where the policy said it would pay for either original manufacturer part or after-market parts for property damage to the vehicle. I successfully argued that the policy did not explicitly say that it was their option to decide whether to use original manufacturer or after-market replacement parts and persuaded State Farm to reimburse my client for the cost of original manufacturer parts.
Of course, that might simply have been the threat of a lawsuit rather than the persuasiveness of my argument. Insurance companies do not like to be sued by their own customers because the Prompt Payment Act imposes an 18% interest on an unpaid claim and allows the customer to recover their attorney fees if the insurance company loses.
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