Someone hit my parked car and have taken total responsibility. Her insurance company wants to only pay for after market parts. What can I do?

Question Details: Geico only wants to pay for after market body parts to fix my car, after taking full responsibility for their insured driver. My car has never been in an accident and was not built from after market parts. I only want my car back to the condition that it was in before the accident. I have spoken to many different Geico agents and they refuse to pay for anything beyond what they deem NY State law allows. They claim that the law allows for them to use such after market parts to fix my car. I have considered taking them to small claims court to get my car fixed properly. Is that possible?

Asked 10/12/2009 under Auto Accidents | 944 View(s) | More Legal Topics

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Auto Accidents Law Answers

Yes.  You can sue the at-fault party and their insurance company in small claims court.  They only have to provide after-market parts, but if the judge is sympathetic, you might get manufacturer parts.

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