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Old 10-20-2015, 08:33 AM
 
43 posts, read 62,493 times
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Someone hit my wife's car in a parking lot. Their insurance company has accepted fault, but wants to replace the bumper with an aftermarket one. Is anyone familiar with the law in North Carolina regarding this? Are they required to pay for factory parts, if requested?
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Old 10-21-2015, 08:10 PM
 
Location: Cary NC
677 posts, read 1,903,874 times
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Unfortunately, no, they are not required to pay for OEM parts although you can certainly argue against it and see what happens. Here is what the NC Dept of Insurance says about it:

"No insurance company can require the use of after market parts in the repair of your vehicle unless the part is equal to the original part in terms of fit, quality, performance, and warranty. Any modifications made necessary because of the use of after market parts shall be included in the estimates. You can choose not to have after market parts placed on your car, but you may be responsible for any additional cost".

You can find the NCDOI publication here:

http://www.ncdoi.com/_publications/c...rance_cau1.pdf
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Old 10-21-2015, 08:57 PM
 
Location: Apex NC, the Peak of Good Loving.
1,701 posts, read 2,590,497 times
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A car repaired (even expertly repaired) with OEM parts is worth less than it formerly was, and worth even less than that if it had been repaired with aftermarket parts. The difference is called Diminished Value and you may be able to recover part or all of this amount from the insurance company. See:
North Carolina Diminished Value Law | Diminished Value Carolina

It's dense legalese so you may have to chat with a lawyer.

.
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