Legal Question in Insurance Law in California

Re: Who's to pay?

Certain parts such as tires, mufflers, batteries and the like have limited useable lives. The insurance company is only responsible to repair the car to the same condition as it was in just before the accident. So if you had high mileage on the muffler you may be responsilbe for a percentage of the costs of the parts. You can usually negotiate with the adjuster to assure that you only pay for a percentage of tne costs of these types of parts. If you can not agree on a percentage your policy usually contains a provision or clause settng forth how you and the company can resolve the dispute. The term is "betterment" and the adjuster is right, at least in theory.

Re: Who's to pay?

It depends on what your policy says. Some policies require the insurance company to pay replacement value, in which case the insurance company should pick up the whole tab. Other policies require a discount for old, worn parts. If you would like me to take a look at your policy, please let me know.