Legal Question in Insurance Law in Florida

I was recently involved in an accident, rear-ended. The other drivers insurance payment did not cover the full cost of repairs, approx> $160.00 less than the estimate. The repair shop states this is due to the carrier only authorizing payment to buy second hand parts or non-OEM parts. I have spoke with my insurance and been told they are within their rights. Prior to the accident I had all original Nissan parts on my vehicle and wish to have the same once repairs have been completed. I drive a 2010 Nissan Frontier. The total costs of repairs is roughly $660.00 dollars that is all I am asking the insurance company to pay. The insurance company issued me a check for $499.00. All I really care about is getting my vehicle fixed and it not cost me anything. Don't know if any of this makes a difference but the accident occurred in Florida, the driver who hit me is insured by Direct Insurance?

Asked on 5/17/13, 5:53 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Your insurance policy controls your rights with your company. The at fault party is responsible to repair your car in its pre accident condition. Remember that can be assumed to be used parts since your car was used also. Your best choice may be to try and negotiate with the insurance company to resolve between 499 and 660.

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Answered on 5/18/13, 5:50 am

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