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2 answers
Posted by nwas (more from nwas) on Fri, 26 Feb 2010 16:40:30
In Reply to: 2 Insurance questions, Brian in MA, Thu, 25 Feb 2010 16:39:44
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From your name-moniker, I will guess that you are in Massachusetts. MA has very specific legislation regarding what they can do in terms of installing parts. Read your policy, but more importantly, contact the State Insurance commissioners office. They have people who can advise you on the MA law and what's allowed by the company, reagrdless of what they want to do and what the policy says. The laws in MA changed a few years ago when the installed competition, and then again, and little of it was favorable to the consumer (a very pro-insurance company commissioner).
As for the bumper, they would be responsible for the new damage, not the old existing damage. If the bumper was (after the last accident) deemed in "unrepairable" condition (and since they agreed to replace it, I think they determined that), then legally it can't be damaged any more than that. In other words, it had no value, it can't therefore lose any value. So, I think you are out of luck on the bumper damage.
For the radiator, see the advice above and whether the used replacement is allowed. With new cars (up to three years old IIRC), you have some leverage over them. I don't know if that still exists for older cars. Even if they have a right to demand it, I would negotiate for an aftermarket radiator rather than used as a fall back.
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