An insurance company has the obligation to restore your car to the same condition it was in prior to the accident. That said, the issue of substandard repairs still comes up quite a bit. A substandard repair refers either to the quality of the work done or the quality of the parts used.
Most people have had an experience that has made them realize that not all repair shops are created equal. Some charge twice as much for repairs as others. Some mechanics seem to cause more problems than they fix so that your car is endlessly in the shop being worked on. The quality of the work varies widely from shop to shop and from mechanic to mechanic. Unfortunately, there are no real industry standards to base comparisons on. The closest thing to this are measurements given by manufacturers and efforts by organizations like the National Institute for Automotive Service Excellence and I-CAR, which provide and promote technical training in the repair industry. The average consumer wouldn't even know where to begin in judging whether the work being done on his car is of a good quality. There are some things you can look for, including:
Poor quality work reduces the value of the vehicle and keeps it from being returned to the state it was in before the accident. If a consumer asks for and receives from the insurance company a recommendation for an auto repair shop, the insurance company must warrant that repairs are done in the correct way. If the repair shop refuses to correct a repair problem, contact the insurance company for assistance. If the insurance company does not step up to help you, try contacting your state's department of insurance for help.
There is a lot that can be said for using original equipment manufacturer (OEM) parts instead of aftermarket parts, which are parts not made by the manufacturer. Although aftermarket parts can be attractive because of their price, they are not always of the best quality. Depending on the state you live in, your insurance company may be required to pay for OEM parts. Frequently, OEM parts are required if they are connected to one of the vehicle's safety systems.
It is your right to request OEM parts if you want them. You can argue that in order to restore the car to the state it was in prior to the accident OEM parts are an obvious necessity. Depending on state law and an insurance company's policies, the insurance company may or may not agree with you. If use of an OEM part is not required under state law and the terms of your insurance policy, you can insist that an OEM part be used, but you may have to pay the difference in cost of the OEM part out of your own pocket. Like poor quality work, use of an aftermarket part could diminish the value of your car.
When it comes time for repairs to be made on your car, make sure you educate yourself about the process and the parts that are being used. Object if you feel either the work or the parts are of poor quality. In some cases an appraiser might examine the car, and your insurance company might authorize additional repairs to be made. However, if you knowingly allow a substandard repair to be made, then you must accept the result of any diminished value to the car.
a lien under common law giving a creditor (as a bailee) in possession of property the right to retain possession until payment of the amount due
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