The insurance company of the person who crashed my car wants to keep my replaced parts off my car. Is this normal, legal, can I deny such?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 21, 2013

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Insurance Question from Bda Figueroa, PR

Asked on 03/21/2013

The insurance company of the person who crashed my car wants to keep my replaced parts off my car. Is this normal, legal, can I deny such? I was involved in an accident, a minor rear end collision of which I was the car in front, and not at fault. The insurance company of the person who caused the accident is paying the damages on the vehicle. I took them an estimate from a local well known body shop and the adjuster mentioned to me that I must hand in my old parts to the insurance company. I would like to keep them instead, does the adjuster have legal jurisdiction to do such?

Answer given on March 25, 2013

If your car was damaged due to an accident that was not your fault, the other insurance company is responsible to repair your car. If parts are replaced, the insurance company is generally the owner of the parts, since they paid for the replacements.It seems odd that the insurance company would want to keep the parts if they are damaged. You could discuss this with the adjuster to see why they are requiring the parts be given to them. It may be a requirement of the insurance company to make sure the parts were actually replaced. Ask for clarification from the adjuster, and see if they might give the parts to you, or charge a small fee for the parts.Often times the repair shop simply disposes of the parts for the insurance company. Ask your body shop what the standard procecure is for this insurance company. They may be able to solve the question.

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